HC permits razing of Bhendi Bazaar bldg where the don lived

Paving the way for demolition of Haji Ismail Haji Habib Musafirkhana, the building in Bhendi Bazaar where gangster Dawood Ibrahim lived, the Bombay high court (HC)

Paving the way for demolition of Haji Ismail Haji Habib Musafirkhana, the building in Bhendi Bazaar where gangster Dawood Ibrahim lived, the Bombay high court (HC) on Wednesday dismissed the petition that challenged the sale of the structure to the Saifee Burhani Upliftment Trust (SBUT) in 2015.

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The court held the decision of the charity commissioner to allow sale of the property to SBUT for ₹1.1 crore was valid, as the building was dilapidated and the trustees did not have the resources to repair it. The charity commissioner, HC held, safeguarded the interests of the tenants.

A division bench of justices SC Dhamadhikari and RI Chagla, while passing the order, rejected the claims of the Haji Ismail Haji Habib Musafirkhana Shop Tenant Forum [petitioners] that the building was a Waqf property and could not be sold. The court also held that as the building was in dilapidated condition and the Brihanmumbai Municipal Corporation (BMC) had issued eviction notices, the interim stay on demolition passed by the court in November stood vacated.

The tenants, 32 shop and 19 residential owners, had moved the court to “save” the building and a mosque housed on the premises, after SBUT said the more than 80-year-old building would have to make way for its cluster development project. The tenants, through advocate Sana Baugwala, submitted the charity commissioner had not taken into consideration directions issued by the Supreme Court pertaining to Muslim trusts.

Counsel for HIHHMT trustees submitted the list of properties issued by the Waqf board in 2005 had no mention of the building. Senior advocate for SBUT said the premise housed a prayer hall, but it could not be construed as a mosque. He further submitted that as per the scheme laid down by HC with regards to trust properties, SBUT was willing to rehabilitate the tenants for free and provide a prayer hall too.