HC orders status quo on city collector's notice to dargah trust

The Bombay High Court on Wednesday directed the Mumbai City Collector to maintain status quo with regard to the demand notice issued to Haji Ali Dargah Trust. The trust was asked to deposit Rs 1.9 crore as its share of half the income generated by allowing mobile towers on its premises.

Advocate Hiten Venegaonkar appearing for the state said, "The vavction bench has asked the collector to file its reply on the petition and posted the matter for further hearing post vacation. It has asked the trust not to extend the leave license contracts until further orders.

The trust had challenged the notice issued to it recently asking to deposit Rs 1.88 crore within 20 days. The demand is based on an April 2005 notification that sought 50 per cent share of income from such lease on leasehold land from societies. The trust has been asked to share 50 per cent of the income from the cell phone towers. In 2009, the trust gave a small portion of the land on leave and license to four cellular companies. The income generated is used by the trust for the benefit of the community at large, it said.

The trust argued that the government notification is applicable only to housing societies, and since it is a charitable organisation it will not be applicable to them. The matter was heard by a bench led by Justice Prakash Naik, who directed the authority to maintain status quo.