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South Mumbai special school drags Braj Binani's firm to court over inconvenience

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The Manu Prem School for children with special needs at Gamdevi, has filed two cases against its new owner Braj Binani’s company Diwakar Infrastructure Pvt Ltd for forcing it to stop operations due to inconvenience caused because of repair work undertaken by the company.

The repair work which started in November 2013 has blocked all the 29 windows of the school’s 10 classrooms. It has also blocked several entrances and rendered their kitchen unusable.

“Last week, we filed two different suits, one is the Rent Act Declaration with the small causes court which appeals that the school be declared as tenants till the matter is finalized, and a second with the city civil court which is an injunction asking MHADA to restrain and stop any work on the building until the issue is resolved,” said school’s lawyer, Zulfiquar Memon of MZM legal firm. The matter will be heard on January 24.     

Manu Prem School, caters to students with dyslexia, autism or borderline intellectual capacity from kindergarten to class XII. Memon said the building, where the school has been a tenant since 1983, was sold to Binani’s company in July 2013 by Firdaus and Naushad Madon without informing the school. “As per law it is not mandatory to tell the tenants if the property is being sold but it could have been done in good faith,” said Memon.  

The school has also written to the Gamdevi police. “However, the Gamdevi police have been asking us to sit with the property owner’s lawyer and sort things out. Till a fair settlement is drawn for the children, we will talk,” Zulfiquar said. The police said that they have received the application and are looking into the matter.

Meanwhile, the 53 students at the school are at loss. “We operate out of the ground floor and the work is going above. One day part of the roof fell off. This is risky but we have to prepare them for the board exams,” said Smita Mehta, founder trustee. 

The school is looking at other properties to move out. “As a special school, we have certain specifications which are very difficult to find around the same area,” said Mehta. The activities are also affecting the staff and students.

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