Observing that there was a completely malafide attempt to abuse the process of court on a deliberately misstated basis, the Bombay High Court has imposed a cost of Rs 7.5 lakh on Jeevraksha Animal Welfare Trust, run by one Manoj J Oswal, who tried to usurp property spread 3.3 acres of land owned by Pune Cantonment Board.
A division bench of justices Gautam PAtel and Madhav Jamdar imposed the cost saying that “this is an appropriate case for the award of costs” and directed that the same be paid to Lila Parulekar Welfare Trust.
The HC was hearing a petition filed by Jeevraksha Animal Welfare Trust seeking claim right over Queen's Garden bungalow spread over 3.3 acres of land in Pune.
The Land owned by the Ministry of Defence was leased to Claude-Lila Parulekar, daughter of Nanasaheb Parulekar -- founder of a Marathi daily 'Sakal'. Parulekar used to run a trust to take care of stray dogs and cattle. Oswal claimed that he has been managing the trust since two decades after Parulekar became ill. Now he is claiming right over the place.
Oswal has invoked a Will made by Parulekar on 1st May 2010, which contains her thumb impression, where she is said to have purportedly bequeathed her leasehold interest as lessee in favour Oswal’s trust. Contested probate proceedings are pending.
The Pune Cantonment Board stoutly opposed Oswal's right to the property.
While rapping Oswal, the HC observed that he has “filed every conceivable proceeding from Writ Petitions to criminal proceedings and sought reliefs against Pune Cantonment Board, against Ms Parulekar’s estate trustees and so on, all directed toward one purpose, i.e. a perpetuation of his claims over the property in question”.
“In Court after Court he has failed and not obtained any order. In every single one of these proceedings, Oswal and his trust have used these shelter animals as an excuse or a lever to gain an advantage over vastly valuable immovable property in the heart of Pune’s defence cantonment area, not very far from the Pune Cantonment Board offices,” added the court.
The court noted that Lila Parulekar Trust, which was formed pursuant to court orders, has been taking care of the animals and the Pune Cantonment Board has no issues against it.
Dismissing the petition with cost, the HC noted that the Trust and Oswal “have shown no rights that accrue in their favour let alone any enforceable legal or constitutional rights”
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