Trust wants to sell Afghan Church land

Anjali Joseph / TNN / Sep 24, 2006, 01:20 IST

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Members of the BDT have filed applications before the charity commissioner seeking permission to sell a prime plot in Colaba.

MUMBAI: It has the ring of the incredible. Documents in the possession of TOI show that members of the Bombay Diocesan Trust (BDT), including former Bishop of Bombay B F Gavit, have filed applications before the charity commissioner seeking permission to sell a prime plot in Colaba measuring 2.5 acres, or 1.2 lakh sq ft.
The plot currently houses the church of St John the Evangelist (the Afghan Church) and the Bishop of Bombay's official residence.
According to the applications filed before the charity commissioner, the church is a grade I heritage structure and cannot be touched, but the land adjoining it can be be developed. Gavit was not available for comment despite repeated attempts to contact him by this newspaper on Saturday.
The property is registered with the Charity Commission as belonging to the Indian Churches Trust, with its management in the care of the BDT.

In a complaint filed at a city metropolitan court six years ago, one Ashok Sonule argued that he represented the real BDT and asked the court to stop a body registered under the name Bombay Diocesan Trust Private Limited from taking control of diocesan matters.
The metropolitan court subsequently ordered the Azad Maidan police station to begin an investigation into the matter, and all papers relating to the issue were seized by the police.

But in 2003, Rev P B Amolik, claiming to be the honorary secretary of the BDT, filed an application before the charity commissioner to "develop"the Afghan Church plot in Colaba.
The application, registered in December 2003 and transferred to the joint charity commissioner in June 2004, says "there is no bar for the trustees under the said document for development and alienation of the property".
A tender notice printed in a city newspaper in September 2003 also identifiedthe same plot and invited sealed offers "for the development of the aforestated property". The address given for respondents was that of the Bombay Diocesan Trust Association Private Limited's Hazarimal Somani Marg office.
In a further twist, in April 2004, Capt Deniel S Bell filed a plea before the charity commissioner asking to be allowed to oppose the previous application because Amolik was not entitled to call himself a trustee of the BDT.
In December 2004, the then Bishop of Bombay Rt Rev B F Gavit and Bishop of Pune Rt Rev V B Sathe filed a plea before the charity commissioner claiming that they were the true trustees of the BDT, not any of the earlier applicants.
They asked to be allowed to file written statements and other evidence to support their claim, and also to mention any other "offer which is more beneficial to the trust". Effectively, this application asserted Gavit and Sathe's right to control the sale of the property.
Amolik and two others also filed a criminal writ petition in the high court in 2004 asking for the police case to be quashed and requesting anticipatory bail. In March 2005, Judge A M Khandvilkar directed Amolik and the other petitioners to cooperate with the police investigation.
So, what will happen to the Afghan Church property? A group of Church of North India members is planning to ask the CBI to investigate the matter. One of them, Cyril Dara, said church members wanted to ensure that "church property, which is primarily supposed to provide places of worship, should not be sold for profit".

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