1993 serial blast case: Court hands over possession of Tiger Memon’s family properties to central govt
The plea said that the society was the owner of the land and the seven-storey structure. Tiger Memon's family members owned three flats in the building.
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1993 Mumbai serial blasts wanted accused Tiger Memon. (Express archives)A special court has ordered that three flats belonging to 1993 Mumbai serial blasts wanted accused Tiger Memon’s family in a Mahim building be handed over to the central government. The court set aside an order dating back to 1994, which had directed attachment of the properties, appointing the court receiver of the Bombay High Court, to be in-charge of them.
The Al Hussain Cooperative Housing Society in Mahim through its secretary had sought reliefs including permission for forfeiture or disposal of the three disputed properties, to carry out internal repairs and for recovery of arrears of maintenance due, property tax and other outgoings to the tune of Rs 41.46 lakh along with interest. The society also sought that the court receiver or secretary be permitted to sign redevelopment agreements. The properties were attached under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA).
The plea said that the society was the owner of the land and the seven-storey structure. Tiger Memon’s family members owned three flats in the building. Flats 22, 25 and 26, were owned by Hanifa Memon, who was acquitted in the case, Rubina Memon, who was sentenced to life imprisonment and absconding accused Shabana Memon. The properties were attached in 1994 under TADA and they were handed over to the office of the Court Receiver, High Court Bombay.
The society’s plea said that the disputed properties were periodically cleaned by the court receiver but for a long time now, it has not been cleaned, nor have internal repairs been done. The plea also said that the building structure has become weak as it is more than 40 years old and close to the sea. The society said that there is a proposal to reconstruct a new building to which all members have agreed but the redevelopment agreement could not be executed as the three flats are attached.
The competent authority under SAFEMA submitted before the court that the disputed properties were under various legal proceedings. It said that the properties were forfeited in 1993 and the ownership of the properties lies with the Central Government through the competent authority.
The court said that considering this, it is necessary to set aside the attachment order and that the possession of the disputed properties needs to be handed over to the CentralGovernment. The court said that the society can approach the competent authority of the central government for any grievances it has.
Tiger Memon was named one of the key conspirators of the March 12, 1993 serial blasts in Mumbai. While he is accused of having escaped with his family before the blasts, some of the family members including brother Yakub Memon, who returned subsequently, were convicted.
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