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Mumbai Court gives orders to Rustom Ice Cream to vacate its premises

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Mumbai’s famous ice cream parlour told to vacate premise part of Brabourne Stadium

Khushi Shah – Mumbai Uncensored, 19th May 2022

Iconic Rustom ice cream parlour was recently ordered small causes court in Mumbai, to vacate its premises at the North Stand Building, part of the Brabourne Stadium, within two months. The decision resulted from a 26 year old suit filed in 1996 by the Cricket Club of India (CCI).

The story began in 1953 with K. Rustom and his family selling bars of ice-cream on beautiful glass and porcelain plates to tourists and families of Marine Drive, but several years and disappearing plates later, they came up with what they’re now best known for their ice-cream biscuits. K Rustom was the first tenant of the reclaimed land from Marine Drive to Churchgate. He bought the property at the rate of 1 Rs per square yard. At the small causes court, CCI had submitted that they were landlords of the said property under the Bombay Rent Act. 

The land, upon suggestion from Lord Brabourne, was decided to use the space for CCI.The CCI told the court that they “need” the space.It was submitted that the club requires the premises for its activities. It said that the list of the club’s members has gone up substantially in the last 14 years and it needs more space to meet the growing requirement of the members. It said that it wants to start a coffee shop at the suit premises for its members as the current one at CCI is insufficient.

However, it has fought till the end, ensuring that the 84-year-old shop doesn’t shut down.
After the latest development in the long-standing legal battle, the news has sparked talk of a shutdown of the ice cream shop, with some urging Mumbaikars to “go and eat your last ice cream at K Rustom”.

The property in dispute comprises 3,070 square feet and a mezzanine floor of 950 square feet. The family has said that they will be filing an appeal against the order. The CCI submitted that a substantial portion of the premises were not in use by Rustom. CCI claimed that it was being paid a monthly rent of Rs 527 per month, ‘far below the standard rent’. Rustom replied by calling it an “incredible” statement as it does not mention the payment of electricity and water charges. 

The owner also claims that they have been a tenant of the suit premises prior to the declaration of the Second World War “when premises were freely available” in Mumbai. Rustom also denied that a portion of the premises is not in use and said that both the ice-cream shop and a shop selling readymade clothes were working full time. It also said that it has no other premises to do business and will be out on the streets if asked to evict the premises.

After the latest development in the long-standing legal battle,, the Court of Small Causes directed Rustoms “to hand over quiet, vacant and peaceful possession” of its premises. 

“It is already held that the plaintiffs have proved that, the suit premises are reasonably and bonafide required by the plaintiffs for their personal use for club activities and no hardship will be caused to the defendants if the decree of ejectment is passed in favour of the plaintiffs therefore, they are entitled to recover quit, vacant and peaceful possession of the suit premises,” Judge Todkar ordered.

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Kerala Legislative Assembly Unanimously Rejects Controversial Waqf Amendment Bill

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The Kerala Legislative Assembly unanimously passed a resolution on Monday, October 14, urging the central government to withdraw the contentious 2024 Waqf Amendment Bill. The resolution, presented by Minister for Waqf, Haj Pilgrimage, and Sports, V Abdurahiman, emphasized that the bill undermines the federal principles embedded in the Constitution, sparking concerns over state rights and religious governance.

Minister Abdurahiman argued that the bill infringes on the authority of state governments concerning Waqf matters, particularly by weakening the power of state Waqf boards and tribunals, which manage Waqf properties. “This bill not only violates the secular principles outlined in the Constitution but also threatens democratic values by replacing elected representatives with a board of nominated members and a nominated chairman,” he stated during the assembly session.

The minister also underscored the importance of protecting fundamental rights such as freedom of belief, secularism, federalism, and democratic processes. He pointed out that the bill contains provisions that contradict the core principles of the Constitution, calling for its immediate withdrawal.

The resolution gained support from both the ruling Left Democratic Front (LDF) and the opposition Congress-led United Democratic Front (UDF). The UDF proposed several amendments to the resolution, some of which were accepted during discussions, demonstrating bipartisan agreement on the issue.

This collective opposition highlights the assembly’s shared concerns about federal overreach and the central government’s role in managing religious properties. The Waqf Amendment Bill has sparked a broader debate about the balance of power between state and central authorities, especially in matters of religious governance and property management.

The call for the withdrawal of the bill reflects ongoing tensions surrounding federalism and the preservation of state rights, particularly in the context

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Mira Bhayandar: Bombay High Court Warns Baleshah Pir Dargah Trustees Over Illegal Mangrove Encroachment

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The Bombay High Court has issued a stern warning to the trustees of the Hazrat Sayyed Baleshah Pir Dargah in Bhayandar (West). The dargah is accused of illegally occupying government-owned mangrove land and constructing a 100-foot structure without permission.

A PIL filed by advocate Khush Khandelwal on behalf of the Hindu Task Force has brought the matter to the court’s attention. Despite clear evidence of encroachment and notices served by the authorities, the dargah representatives have failed to appear in court.

The court has now given a final opportunity to the trustees to present their case in the next hearing. If they fail to do so, the matter will be heard ex parte, meaning the court will proceed with the case without their presence. This development indicates a strong stance by the judiciary against illegal land occupation and environmental violations.

The case highlights the ongoing battle to protect government land and the environment from encroachment, particularly in coastal areas.

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Ekta SRA CHS Scandal: Siddhivinayak Developers Kurar Faces Scrutiny for Unauthorised Construction & Violations of Regulations

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Siddhant Mohite, Mumbai Uncensored:

In a startling revelation, a complaint filed against Siddhivinayak Developers Kurar has unearthed a web of alleged violations and corruption within the Ekta SRA CHS redevelopment project located at Kurar Village, Malad East. The Slum Rehabilitation Authority (SRA) conducted a thorough survey following the complaint, shedding light on serious discrepancies in the project’s execution.

Slum Rehabilitation Authority’s inspection, initiated after receiving a complaint on January 18, 2024, concluded that Siddhivinayak Developers Kurar had flouted Development Control regulations, indulged in an FSI Scandal, and executed construction work beyond approved plans and commencement certificate (C.C) in the ongoing redevelopment project. Specifically, the construction work exceeded the approved CC for A, B & C wings of the composite building.

The gravity of the situation escalated on May 3, 2024, when the Executive Engineer of SRA P/N issued a letter to Siddhivinayak Developers Kurar and Architect M/s Rasik Hingoo associates, instructing them to stop work immediately at Ekta SRA CHS. The directive also mandated the regularization of the unauthorized construction by paying necessary charges as per SRA policy. Failure to comply would result in appropriate actions as deemed fit.

What raises eyebrows is the timeframe involved in addressing the complaint. Despite the complaint being lodged in January, it took the SRA a staggering five months to conduct an inspection and issue a directive to the developer. Moreover, the directive to ‘regularize’ the unauthorized construction without specifying the penalty charges has sparked skepticism and allegations of a ‘secret understanding’ between the Executive Engineer of P/N SRA and the developer. This clearly shows that corruption is at its peak at the SRA Executive Engineer’s office, and it shows how SRA officials are hand-in-gloves with Real Estate Developers.

Sources have hinted at a nexus between the Executive Engineer and associates with the developer, suggesting an attempt to shield unauthorized construction through corrupt means.

This unauthorized development has stirred concerns among residents and activists, questioning the transparency and efficacy of regulatory bodies in overseeing redevelopment projects. Calls for a thorough inquiry and stringent action against those involved in malpractice are resonating across the community, emphasizing the need for accountability and integrity in Slum re-development initiatives.

Mumbai Uncensored will continue to monitor this story closely and provide updates as it unfolds.

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