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Displaced shopkeeper alleges partiality for Bohra Muslims

Gulamhusain Abdul Aziz Karim owns the shop M/s Karim Esmail, located in Gujjar lane. It's a 138sqft shop that deals in leather products and sheets. Karim argued before the court through his counsel Madhav Jamdar that the SBUT is favouring Bohra Muslims.

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A 77-year-old man from Bhendi Bazar who's been running his leather products shop for the past 103 years has approached the Bombay High Court alleging that the Saifee Burhani Upliftment Trust (SBUT) is being partial in providing alternate commercial accommodation to Bohras and putting up members of other communities on the second floor, thereby hampering their business.

Gulamhusain Abdul Aziz Karim owns the shop M/s Karim Esmail, located in Gujjar lane. It's a 138sqft shop that deals in leather products and sheets. Karim argued before the court through his counsel Madhav Jamdar that the SBUT is favouring Bohra Muslims.

However, the bench of justices SC Dharmadhikari and Dr Shalini Phansalkar Joshi observed, "Religion or caste should not be brought in such matters. These are cases of alternate accommodation where there are no rules laid out that a person will get a choice of accommodation."

Counsel SU Kamdar appearing for the SBUT opposed the plea and informed the court that the allegations are completely baseless. He added that the allocation of shops is being done and those who are granted accommodation on the first and second floors are being given 33% extra area from the present one being occupied by them.

Advocate Aslam Shaikh, who filed the petition for M/s Karim Esmail, said that even when they sought information under the RTI Act from the Maharashtra Housing Area Development Authority (MHADA), they were not given any reply. Ali Karim, the elder Karim's son, said: "In our cluster, there were a few shops which were bought while a few gave consent for the alternate accommodation. Ours is the only shop that is not willing to shift to the place offered. The SBUT project may be one of its kind but we feel we are not getting justice. All are queries go unanswered and when we felt that nothing was going ahead, we moved the court."

The bench has now posted the matter for further hearing next week and directed MHADA to submit the sanction plans for the project, based on which the court will decide the plea.

As per the SBUT website, the redevelopment project comprising 16.5 acres of land form has approximately 250 existing buildings, 1,250 shops and 3,200 families. All of these will be incorporated into a state-of-the-art sustainable development project with new buildings, wide roads, modern infrastructure, more open spaces and highly visible commercial areas. The mosques and religious structures will be retained and enhanced to add to the culture of the place.

The neighbourhood has been divided into nine sub-clusters for better management and functionality. Almost 80% of the land mass will be used for rehabilitating existing tenants. The transformed place will include a modern urban area that will not only set a precedent for urban renewal projects in Mumbai; but also provide impetus for other urban renewal projects in India, and throughout the world.

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