Royalty claimed for Matheran Rly

[S. Insaf]

In almost all major dailies there is a news today. One from Times of India I am reproducing here:

Descendents of Matheran Railway founder ask royalty from Govt (PTI)
Tuesday, September 22nd, 2009 AT 1:09 PM
Tags: Neral-Matheran railway, railways, UNESCO, heritage status, Abdul Hussein Adamjee Peerbhoy

MUMBAI: The century old Neral-Matheran railway network, under consideration by UNESCO for a heritage status, is in the centre of controversy with descendents of its founder Abdul Hussein Adamjee Peerbhoy moving the Bombay High Court to claim Rs 90 crore royalty from the Government.
Matheran is a hill station, near Mumbai, and is famous among the tourists for its "toy train" ride. A team of UNESCO is expected to visit shortly for inspecting the rail network.
The Railway network was constructed 102 years back by the Peerbhoy family with the permission of British Government at a cost of Rs 16 lakhs, Ali Akbar Adamjee Peerbhoy, descendent of the illustrous family said.
In 1951, the Indian government acquired the railway but allegedly did not honour its commitment by compensating the Peerbhoy family with an amount stipulated in an order issued by the erstwhile British Government.
Ali Akbar Peerbhoy, in a petition, has now demanded royalty to be paid to him and the legal heirs of the Peerbhoy family, which he claims would be more than Rs 90 crore.
The High Court bench comprising Justice Bilal Nazki and Justice V K Tahilramani admitted the petition recently. The matter would come up for final hearing in due course.
Ali Akbar contended that by virtue of Matheran Tramway order, 1904, issued by the British authorities, the legal rights were vested in the family of Abdul Hussein Adamjee Peerbhoy.
The 1904 order provided that in case the government wanted to buy the railway network it would give six months notice to the owner.
But this was not complied with, the petitioner submitted. Clause 44 of this order also provided that the purchase price of the railway would be 25 times the average revenue earnings of the last three years immediately preceding the date of purchase.
Until this amount is paid, interest of three per cent per annum would be levied. Even this was not complied with, the petition alleged. The government, on the other hand, contended that an agreement was entered into by both sides way back in 1951 by way of sale deed or conveyance, for purchase of the railway from the owners.
However, the descendents of the Peerbhoy have disputed the agreement, saying the signature of the buyer and seller does not figure therein. Also the mode of payment (cash or by cheque) is not mentioned.
The petitioner has also challenged the move of the Government to start a shuttle service of the mini-train from Aman lodge railway station (the second last station on the Neral-Matheran route) to Matheran, saying this could not be done unless compensation was paid to Peerbhoy family. The petitioner has also raised a grievance that an old historic arch at Aman Lodge railway station has been allegedly demolished with a view to start the shuttle service from there to Matheran.

[East Africawalla]

I hope they do win, what is their right they should get, we should support them they are our fellow mohmeen even if their views conflict

[ozmujaheed]

This is a privatre issue and outcome not relevant to the communities benefit!

[S. Insaf]

Only relevance according to me is for the community to know that the heirs of the Sir Adamji Peerbhoy are still alive and kicking they are not halak as propagated.

[seeker110]

This is the family I would trust.I have known them in Karachi,they were good muslims in their deeds.We need to keep them close to our hearts.Where is Jawaid Hussain Peerbhoy.Last I heard he moved to Canada.

[ozmujaheed]

I disagree on principle that as a legitimate opposition we can not interfere or side a family property dispute with third party unless it affects the general community affairs. For such disputes there is facebook and twitter.

Otherwise we are contradicting the purpose of the fight with Kotharis by elevating decendents of long time pioneers and philantrophists. If the land was marked for community use and the government had fraudulantly possed it then yes it is our legitimate fight. If the proceeds are to be used by the family then it is their personal matter.

On the side is this a cultural issue where we have to have a solid strong wealthy and powerful family for us to be led ? Is that why 100s of thousands of Bohris are misled by the Sayedna's wealth, charisma and popularity. I would rather recognise Bro Engineer and others as theys earned their leadership by taking the fight by mainly focusing on religious and communal matters.