Litigations

City Civil Court matter between BPT vs MFDC & Others

The said matters are in litigation from 1999/2000 when BPT filed suits against owners of Godown No 158 and Godown No 1773 situated in Sassoon Dock Mumbai.

BPT has claimed eviction on primarily three grounds namely;

a) Unlawfully subletting of the premises by commissioner of fisheries.

b) Unlawfully making structural changes in godowns.

c) Arrears of rent.

Firstly, let us understand the formation of Sassoon Docks and the parties involved hereafter. Sassoon Docks is primarily a harbour/dock built for carrying out and promoting fisheries and any other activity concerned with fisheries. The dock was handed over to the Mumbai Port Trust for maintenance and preservation and is in the hands of the Mumbai Port Trust since its inception. Mumbai Port Trust is also a corporation which was formed to take care of all coastal ports of India.

Around 1969, the Mumbai Port Trust  requested the department of fisheries (State Government) to invite people connected with the fishing industry to come and set up business at Sassoon Docks to help promote seafood trade from India. The commissioner of fisheries sent the copies of circulars received from BPT to various persons connected with seafood trade. Most of those involved with the trade applied for land to set up their units at Sassoon Docks. Meanwhile, in 1969, the BPT leased Godown No 158 and Godown No 1773 to the director of fisheries for in turn allotting same to fishing industry.

Director of fisheries then set up the Maharashtra Fisheries Development Corporation (MFDC) in about 1972 and transferred the godowns to the same for allotment to various members of the fishing fraternity to carry on  fishing trade in Sassoon Docks harbour.

Aims and Objectives of MFDC include:
* To promote, develop & scientifically exploit the marine as well as inland fishery resources and procure fish and other products.
* To acquire, maintain and operate fishing vessels, nets, hooks and other gear to raise overall production of fish within the state of Maharashtra and also from the seas far and near.
* To sell and export fish, fresh, frozen processed or dry and other aquatic products either produced by the company or acquired or purchased from other agencies on wholesale or retail or agency or by any other methods, either in this state or any other state in India.

MFDC looked after the two godowns from the period 1972 to 1976 and then handed them over to Maharashtra Rajya Macchimaar Sangh (MRMS) from 1976 to 1984. In 1984, once again, MFDC took over the godowns and has since, been in charge.

BPT maintains that the transfers of the godowns from the control of the commissioner of fisheries to MFDC from 1972 till 1976 and from MFDC TO MRMS from 1976 to 1984 and then back to MFDC from MRMS in 1984 is 'unlawfully subletting'.
The godown owners maintain that all the three entities involved - The commissioner of fisheries, MFDC and MRMS - are fully owned  by the State government and their transfers are merely through government resolutions. The three entities are corporations floated by the state government to ensure 'the betterment of fishermen and fishing industry.'

Secondly, BPT has alleged 'unlawful changes' despite having leased 'open godowns' to the commissioner of fisheries, without any basic facilities. The commissioner of fisheries, through MFDC, had allotted spaces as per the niche requirement of individuals who set up their business pertaining to the fishing industry. Basic needs had to be met in order to facilitate their business. 
The godown owners maintain that BPT's charge of having made 'unlawful changes,' too is excessive as they had themselves originally asked commissioner of fisheries to invite representatives of the fishing industry to utilise the harbour for fishing trade.

The third ground, BPT has propped resorted to is: the issue of arrears of rent since 1984 for Godown No 158 and Godown No 1773. 
It is pertinent to note here that MFDC had been regularly paying rent for both the Godowns in question to the BPT since 1969 but BPT issued receipts in the name of the governor of Maharashtra. However, in 1976, BPT increased the rent despite MDFC's protests and then, once again, in 1988 by tenfold. Due to this, there was a huge fallout among all tenants across Mumbai. For the record, MFDC had been paying rent regularly till 1984 after which due to an exorbitant increase, the corporation requested BPT that - since it was a state corporation - it bring about the same increase by a resolution in Assembly till when it could collect rent on the old rate. BPT, on its part, did not accept the same, refused to even provide acknowledgements and kept the same amount in a suspense account. MFDC, then, discontinued making payments to BPT as they were given no acknowledgments for the amounts paid.

Despite MFDC's tenants all having paid up rent till date are faced with the issue of eviction. In all fairness, the Godown owners feel, the state government and Centre should settle the outstanding issue of rent within themselves and permit the fishing trade to continue as usual in Sassoon Docks.

An appeal

Also, there are about a lakh-odd  people who have a hand-to-mouth existence by surviving on daily earnings at the Sassoon Docks. Any closure of the Docks will be a huge loss for them. If BPT has its own way and keeps closing down godowns, one after the other, it will sound the death knell for an industry which is already going through a terrible phase. Poor fishing trends has forced fisherfolk to shut down fishing season almost a month before the yearly ban deadline on 15th June. A large number of fishing societies namely Karanjia Macchimaar Society, Uran Macchimaar Society, Mora Macchimaar Society, Alibaug Macchimaar Society have their offices in the Sassoon Docks. That apart, thousands of peeling women from the poorest strata of society come from early hours in the mornings, assort the fishing catches; loading and unloading boys; members of the handcarts union;  transporters; ice suppliers and water suppliers, all of who form the crux of the fishing industry will get directly affected by BPT's actions.

The representatives of the fishing industry based in Sassoon Docks have urged the authorities to take necessary action to help avert any move that not just endangers their livelihood, but threatens to end fishing industry in Sassoon Dock and quash the work prospects of more than 1.25 lakh persons.

City Civil Court Matter Between BPT vs MFDC & Others

1. Allotment of Godown No 1773 & Godown No 158 were given to the governor of Maharashtra/ commissioner of fisheries in and about 1969/70 for promotion of fisheries activities.
2. These Godowns ad-measuring about 2,900 sq.mtrs and about 1,200 sq.mtrs. respectively were then given to various and several people connected with fisheries activity some of whom are still in premises.
3. The governance of the said Godowns was given from commissioner of fisheries to Maharashtra Fisheries Development Corpn (MFDC) on about 1972 – 1976, which was then handed over to Maharashtra Rajya Macchimaar Sangh in 76-84 and handed over back to MFDC in or about 1984 who are in governance since then.
4. All tenants have been making regular monthly payments to MFDC until the year 1999 when BPT issued notice to MFDC primarily on account of non-payment of dues since 1984. In the interim period in about 1988 BPT had hiked its rent almost fourfold which was unacceptable to one and all tenants all across Mumbai and Supreme court came out with a directive which diluted that amount significantly.
5. The litigation in the Estate Officer Court concluded in 2009/10 for the two godowns wherein the officers passed an order of eviction to all occupiers, including Govt. of Maharashtra, commissioner of fisheries  & MFDC with a collective demand of Rs 5,30,59,034/- in Godown 158. Of which a sum related to Rs.3,46,71,903* relates to the period 1984-1999 & Rs.1,83,87,131 related to 2000-2010.* Almost 70% of the said amount is demanded by way of interest. (It's important to note that of a demand made against individual tenants by BPT collectively comes to about Rs.75,00,000/- from 1984-99 the tenants have paid the MFDC Rs.1,09,97,131/- for the said period). For the post 1999 period demand of about Rs.1.83 cr. The tenants have collectively paid to BPT through court orders, a sum of about Rs.1.20 cr.

(This is a Sassoon Docks affected parties' version. While every attempt has been made to ascertain facts and details, any inadvertent error is regretted. Anyone wishing to add,  include, change or delete any portion of the content here could contact the web-editor for the same. The material has been generated Without Prejudice)