Sultan's family tries to find lawful solution to Shaw Wallace land

Kolkata, Mar 8 (UNI) Amidst a persistent legal battle for the land at 4 and 5 Bankshall Street here, Hyder Ali's descendants are still searching for a resolution to the dispute.

The property, originally, a part of a Wakf estate, was created by Prince Golam Mohammed, one of Tipu Sultan's sons. This property was leased out by the then mutwallis (administrator of the Wakf) to one Joseph Isaac Joseph Hyam on June 29, 1909. The land was later sub-leased to the Shaw Wallace Company, says the Mutwalli committee secretary S M Shamim Ahmed.

Vijay Mallya of United Beverages group and Shaw Wallace Company has been fighting a battle over this land in Calcutta High Court since July 1, 1984 when their lease of 75 years expired.

By law, the company cannot extend their lease beyond the stipulated period.

Incidentally, the Court held that the Wakf Board and the concerned parties did not take necessary steps to recover the land and subsequently, the company negotiated with the then Mutwallis of the estate for execution of a fresh lease of property for a period of 31 years, during which the company wil be paying an amount of Rs 3,25,000 per month.

However, the Wakf Board did not give the Mutwallis their consent to issue such a lease. The company then filed a suit with the High Court for a declaration that the company was a monthly tenant in respect of the disputed property.

The Wakf Board then intervened and initiated proceedings under Section 54A of the Bengal Wakf Act for the eviction of the petitioners.

When the company challenged the order, the Board passed an eviction order on grounmds that since the petitioners (Shaw Wallace and Co) did not make any offer of renewal after the expiry of the lease of 75 years, they were not authorised to remain in occupation of the property.

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