A prime commercial property in Andheri, which is said to have a LTTE link, is at the center of a legal dispute again. Seven years earlier, two groups battled it out for the property, but without any desirable result. Now, a former claimant has resurfaced to occupy the 300 sq ft property in Lokhandwala’s Apna Ghar society.
According to a report in Mumbai Mirror, Suresh Mariaswamy Marwar has claimed the sealed property belongs to him, and that he has even acquired requisite permission from the Office of Registrar of Cooperative Societies to occupy the space in Sunshine Apartments, in Apna Ghar society. The paper further reported that the property had been sealed in 1992 when two LTTE terrorists, who were hiding there, were arrested.
The Mumbai Mirror report added that in 2009, in the absence of original owner, Nadrajan Kumar, – Lokhandwala Vyapari Mandal and a personal named Krishna Todankar staked claim for the space. The Mandal even broke the seal and spent money on furnishing. Real estate experts told Mirror that the property could be worth around Rs. 1.75 crore.
The Mumbai Mirror report further stated that while police sealed the property again, disallowing the claims of both parties, Marwar staked a claim to it. The dispute reached the Bombay High Court in 2012. But now, Marwar has come back with an order from the deputy registrar, which asks Apna Ghar to make him a member. The report added that if the society refuses membership to Marwar, the Registrar of Cooperative Societies will take due action against it.
“Since the appeal by the society against the order of the deputy registrar was rejected by the joint registrar and the society has still not given membership to Suresh Marwar, we have deputed Sheetal Advaikar (from the registrar office) to take charge of the property,” the order dated November 11, 2016 reads, the Mumbai Mirror reported.
“We have filed a fresh writ petition in the high court. This is completely illegal and the deputy registrar has no powers whatsoever to pass such an order when the case is pending in the high court. The society is the custodian of the interest of the member, and it cannot be handed over to anyone who is not related to its original owners,” Rizwan Siddiquee, who is representing the Apna Ghar society, told Mumbai Mirror.
Marwar’s advocate Ashok Maru told Mumbai Mirror that the former will be occupying the property on Monday. “My client is a senior citizen, and we have been fighting for this property since the last 20 years. He purchased it from the original owner in 1995. We don’t know where the original owner is, but we have the original share certificate and the agreement copy that the society claims is forged. We are not being allowed to use the property that is rightfully ours. On Monday, once my client gets the possession, we will be filing a case of defamation against the society and will claim damages that run into crores of rupees.”