Collector orders eviction of 'illegal occupants' of Bandstand bungalow
MUMBAI, Aug. 31 -- The dispute over the ownership and occupation of Marina Manor, a bungalow at Bandstand, Bandra, has recently seen several parallel developments, with administrative and judicial action ordered against the alleged encroachers.
On August 28, the Mumbai Suburban collector directed the anti-encroachment department to remove the alleged encroachers from the bungalow, a prime property worth around Rs 600 crore. Alongside, a metropolitan magistrate court in Bandra issued instructions to the deputy commissioner of police concerned to register an FIR against one of the fake owners for suspected fraudulent transactions. The steps come amid continuing litigation over the ownership of the premises.
In related proceedings, the metropolitan magistrate court on August 28 issued a non-bailable warrant against an accused after he failed to honour the summons issued to him by the court. The warrant was issued pursuant to a plea filed by Thane-based activist Melwyn Fernandes through advocate Sunita Banis. In his complaint, Fernandes alleged that the accused persons had tried to usurp the property by using a forged will, and sought to prosecute them for cheating and forgery.
The complainant's counsel sought the issuance of a non-bailable warrant (NBW) against accused No 7, Dr Ajay P Keni. The court allowed the application and passed an order directing that an NBW be issued against him. It also permitted the trial to proceed against Accused No 1 (Marina Manuel Fernandes), Accused No 2 (Remy Fernandes), Accused No 5 (Mohit Sunil Shah), and Accused No 7 (Dr Ajay P Keni). The court has adjourned the matter for arguments, fixing November 24 as the next hearing date, with the purpose recorded as "appearance of accused".
The 2,538-sq-m property on which Marina Manor stands was originally owned by Martha Eugenie Pereira. According to the complaint, Pereira left the property to her niece, Marie Fernandes, as the sole trustee and executrix in her will executed on December 4, 1972. The will was probated by Marie Fernandes in 1987. Pereira had left 919 sq m of the land to Marie Fernandes (who gave it to Samudra Builders for construction) while the other 1,619 sq m, along with Marine Manor bungalow, was bequeathed to the Archdiocese of Bombay. The property was meant to be used to build an educational institution in memory of Martha Pereira's husband, Joseph Felix Pereira. Before her death in 2015, Fernandes executed the will on March 15, 2012, in favour of her cousin Marion Crasto, now 72.
According to the complaint, the main accused Marina Fernandes and six others prepared an allegedly false will dated November 8, 2014, which bore the forged signature of the deceased Marie Fernandes. This was probated on November 16, 2017 based on false and misleading information given to the high court, the complaint said. Justice Arif S Doctor of the Bombay high court had in February 2023 stayed the execution of this will after Marion Crasto objected to....
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