Hindustan Times ST (Mumbai) - Live
High Court clears way for new train station between Thane, Mulund
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MUMBAI: The decks have been cleared for the construction of a new railway station between Thane and Mulund stations near the Thane mental hospital after the Bombay high court lifted a stay and allowed the transfer of the hospital’s 14-acre land.
Welcoming the decision, chief minister Eknath Shinde said that the high court’s decision would speed up the work, and a new station would reduce the burden of commuter footfalls on Thane and Mulund railway stations, .A new station was proposed to reduce the load on Thane and Mulund stations more than eight years ago.
Thane railway station, one of the oldest central railway stations, alone gets a footfall of six to seven lakh daily commuters. The work on the new station was proposed to start after the State Health department transfers the
Thane mental hospital land to the Central Railway. The new station plan required 14.83 acres of land out of Thane Mental Hospital’s 72 acre premises.
However, on August 12, 2015, the Bombay High Court directed Thane Collector not to create third party rights in an interim order in a public interest litigation filed on the issue. The transfer of the land could not happen.
On Friday, Chief Justice S V Gangapurwala and Justice Sandeep V Marne lifted the stay. The court also directed that adequate care be taken to ensure that the female wards of the mental hospital were not impacted and alternative rehabilitation arrangements were made before the land transfer. State advocategeneral Virendra Saraf, government counsels P Kakade and Nisha Mehra represented the state, while senior counsel R S Apte and Mandar Limaye appeared for the Thane municipal corporation.
The plaintiff, while responding to queries of the Bombay high court on the issue of whether private nass was accepted as per Dawoodi Bohra tenets, submitted that though the defendant had refuted that private nass without witnesses was acceptable, there was the instance of the 50th Dai doing so in 1915.
The plaintiffs’ counsel cited the private communication by the 50th Dai to the 51st Dai and said that though the 50th Dai had called two persons the previous night and told them of his intention, he had told the 51st Dai about his succession the next morning without any witnesses. The court then clarified that it would not be considering instances of private nass without witnesses on Prophet Idris and Solomon, as the two nass was directly from Allah and were on a different footing from the nass by an Imam or Dai.
On the 36th day of the final hearing of the Syedna succession case, senior advocate Anand Desai for plaintiff Syedna Taher Fakhruddin was told by the single-judge bench of Justice Gautam Patel that there were some queries that he wanted the counsel to clarify regarding whether the plaintiff had completed his response to the defendant Syedna Mufaddal Saifuddin’s counsel’s argument that a nass had to have witnesses.
Desai informed the bench that he had cited instances of the 13th Imam, the 8th Dai and the of the appointment of Prophet Idris and Solomon to drive home the point that the Bohra community had accepted the Imamate, Daiship and Prophethood though it was evident that the said appointees had announced their succession without there being any witnesses.
At this point, Justice Patel said that as the nass of Prophethood was different, it could not be considered as an instance. The senior counsel then told the bench that he was citing a more recent example of private nass, one which was conferred on the 51st Dai by his predecessor. Desai informed the bench that though the defendant had said that only the communication to the two persons the previous night was considered nass, the 52nd Dai in his sermon had said that the morning communication by the 50th Dai was nass. He added that both the plaintiff and defendant agreed on nass being conferred in 1915 but the difference was whether the nass of night or day was a valid one.
Desai also brought up Syedna Sulayman bin Hasan’s claim of being the 27th Dai which was rejected because apart from there being no witnesses, he did not claim to be conferred nass directly by the 26th Dai. Desai said that while the defendant’s counsel had listed three reasons for the rejection of Syedna Sulayman’s claim, including production of an unwitnessed letter, the counsel had failed to mention that unlike the original plaintiff Syedna Khuzaima Qutbuddin, Syedna Sulayman did not claim to have been directly told of his appointment by the 26th Dai that he was the mansoos.
The original plaintiff has maintained that he was conferred nass privately by the 52nd Dai in December 1965 without any witnesses, and his evidence sufficed as there was no doctrinal compulsion to have two or more witnesses as canvassed by the defendant.
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