Two months after the Bombay high court granted relief to a landlady in Mumbai to recover her apartments from the tenants, who include relatives of gangster Dawood Ibrahim, they are yet to be evicted.
Dilshad Bohra, landlady of the Sajan building in Nagpada, South Mumbai, has been fighting to evict the occupants who include Atiqa Antulay (sister-in-law of Dawood's sister Zaitoon) and Razia Fakii (mother-in-law of Dawood's sister Mumtaz Fakii).
"The high court appointed me an agent of the court receiver in February to recover the apartments, but due to lack of action by authorities, I have been unable to do so," Bohra told PTI.
Bohra's building is near Gordon House where Haseena Parkar, Dawood's younger sister and an accused in a criminal case, allegedly owns a flat.
When the court reciever went to take possession of three flats on March 8, she found Razia Fakii and some other persons occupying them due to which he could not execute the court order.
She has sought directions from the court whether possession of the flat can be taken forcibly from the occupants with the help of police.
In an affidavit filed on April 24, Bohra said on March 4, a large number of people entered the flats, claiming that they had purchased them.
They also said that they had the support of the underworld and would not vacate the flats, Bohra said in her affidavit which is pending before the court.
Bohra said in 2005, she noticed that unknown persons had entered one of the flats and despite police complaints in July 2005 and January 2006, no action was taken.
In February 2006, three flats including the said one, were converted into a guest house without her knowledge, she told the court.
She then filed a Right to Information application which revealed that five persons had submitted rent receipts to the Municipal Corporation of Greater Mumbai to obtain a license for the guest house.
Bohra said the license was made using fake documents since the rent receipts were for March 2006, but the license was granted with a February 2006 date.
After writing to the civic authorities, Bohra moved the high court seeking possession of the flats and declaration as their sole owner.
Her counsel Pradeep Havnur told the court that Bohra had no contract with the five persons running the guest house and that they were tresspassers.
Also, the license had been obtained by misrepresentation to the MCGM. However, the five owners of the guest house claimed they were not in possession of the flats for the past one and half years and said the documents for two of the flats were in possession of Atiqa Antulay, who is presently abroad.
The HC had observed the five owners of the guest house had no documents to prove their claim.
Justice S A Bobde, in his order, said the stand taken by them was "indeed strange."
While making Bohra the court receiver's agent, he also restrained the five from disposing the property or creating third party rights.
