Heritage Under Threat: Save the Sanjan Sanatorium


Heritage Under Threat: Save the Sanjan Sanatorium
The Issue
💢💢💢
PETITION TO THE HON’BLE PRIME MINISTER OF INDIA
Regarding: The Betrayal and Wrongful Sale of Our Historic Sanjan Parsi Sanatorium by Certain Members of the Parsi Community — A Sacred Part of Our Heritage That Will Be Lost Forever
To,
The Hon’ble Prime Minister of India
South Block, Raisina Hill
New Delhi – 110011
Subject: Urgent request for investigation and reversal of the sale of the Parsi Sanatorium property in Sanjan, Gujarat — involving fiduciary breach, donor deception, loss of minority heritage, and violation of statutory trust and heritage protection laws
Respected Sir,
We, the undersigned members of the Parsi Zoroastrian community, bring to your attention a grave matter of community welfare, heritage preservation, and public trust violation. A property of immense significance — a historic Parsi Sanatorium located in Sanjan, Gujarat (the first settlement site of the Parsi community in India) — has been sold under circumstances that appear deeply improper, amounting to breach of trust, misapplication of charitable assets, and deterioration of minority heritage.
⸻
Background & Grounds of Concern
1. The Sanatorium property is not simply land; it is a charitable endowment created for the welfare and healthcare of the Parsi Zoroastrian community. The property was donated and maintained on the basis of community-use, non-commercial purpose and heritage continuity.
2. The sale price (approx. ₹8 crores) is starkly lower than market valuations estimated at ₹15-20 crores or more — indicating serious undervaluation and financial loss to the trust beneficiaries.
3. The sale was executed without adequate transparency, ignoring bona fide expressions of interest from within the community, raising suspicions of preferential disposal and collusion.
4. Legal and procedural irregularities are evident — especially in relation to registration jurisdiction, Index-2 issuance and trust property disposal without proper sanction.
5. Breach of Trust & Violation of donor and seller(original owners):
• The original deed and donor fund contributions were premised explicitly on the condition that the property remain dedicated for community welfare and not alienated for private or commercial gain.
• The sale thus amounts to a clear breach of fiduciary duty, misapplication of charitable assets, and defeat of the trust’s objects — all of which the Bombay Public Trusts Act recognises as grounds for intervention.
For instance, under Section 36 of the Bombay Public Trusts Act, any sale of immovable property by a public trust must have prior sanction and should aim to secure full market value; otherwise the transaction may be voidable. 
Further, Sections 41A, 41D etc provide for the powers of the Charity Commissioner to issue directions and remove trustees for mismanagement or default. 
6. Heritage & Minority Protection Dimension:
• As per the constitutional and statutory framework, the State has an obligation to protect historic monuments and places of artistic or historic interest (e.g., Article 49 of the Constitution). 
• The national legal regime for heritage-conservation (including the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and related bylaws) requires prevention of destruction, disposal, spoliation or commercialization of heritage properties. 
• The property at Sanjan thus not only represents a charitable asset but also a living heritage of a minority community, and its mis-sale undermines both minority rights and cultural patrimony.
7. The combined effect of these factors places this matter at the intersection of charitable-trust law, minority-rights protection and heritage conservation — requiring urgent high-level intervention.
⸻
Why Government Intervention is Crucial
• The community concerned is a notified minority under the Constitution of India, and the property is a charitable trust asset.
• The trust’s sale without proper sanction violates the Bombay Public Trusts Act’s core safeguards (e.g., Section 36’s prohibition on disposal without proper procedural approval).
• The heritage element amplifies the need for state protection: the risk is not only financial loss but irreversible damage to cultural identity and minority heritage.
• Left unaddressed, this sets a dangerous precedent: charitable and heritage assets of vulnerable minorities may be transferred away under the guise of transactions, defeating donor intent, trust object and heritage protection.
⸻
Our Humble Prayers to the Government of India
In light of the above, we respectfully urge your esteemed office to direct that:
1. A high-level investigation be instituted into this transaction, including enquiry into breach of trust, undervaluation, misapplication of funds, trust-object diversion, and registration anomalies.
2. Pending the investigation, interim suspension or stay of the sale be ordered and status-quo maintained on the property, to prevent further erosion of community and heritage rights.
3. A thorough review under the provisions of the Bombay Public Trusts Act (including sections 36, 41A, 41D) be conducted — and if violations are found, the sale be annulled and assets restored to the trust for its rightful charitable and heritage purpose.
4. Heritage protection measures be invoked — ensuring the property is recognised as a site of cultural/minority significance, safeguarded under heritage laws and communal trust protections, and maintained for community use rather than commercial exploitation.
5. Accountability be fixed on individuals (trustees, officials) who have breached fiduciary obligations, ignored donor-conditions, colluded in undervaluation or mis-sale, and misused trust assets.
6. The Government facilitate mechanisms (including the relevant ministries and heritage/charity commissions) to regenerate the property into its intended purpose — health / welfare of the Parsi community, heritage site maintenance and community heritage tourism (if appropriate).
⸻
Sanjan is not merely a site of real estate — it is the cradle of Parsi life in India, a symbol of our ancestors’ faith in India’s pluralism and inclusive spirit.
We remain guided by our ancient ethos: Good Thoughts. Good Words. Good Deeds.
Our request is simple: justice, transparency, accountability and heritage preservation for future generations.
We submit this petition with humble faith in your leadership, confident that minority heritage and charitable trust protections will not be compromised.
With sincere hope and deepest respect,
Hushang Vakil
[On behalf of concerned Parsi Zoroastrian Community ]
💢💢💢

The Issue
💢💢💢
PETITION TO THE HON’BLE PRIME MINISTER OF INDIA
Regarding: The Betrayal and Wrongful Sale of Our Historic Sanjan Parsi Sanatorium by Certain Members of the Parsi Community — A Sacred Part of Our Heritage That Will Be Lost Forever
To,
The Hon’ble Prime Minister of India
South Block, Raisina Hill
New Delhi – 110011
Subject: Urgent request for investigation and reversal of the sale of the Parsi Sanatorium property in Sanjan, Gujarat — involving fiduciary breach, donor deception, loss of minority heritage, and violation of statutory trust and heritage protection laws
Respected Sir,
We, the undersigned members of the Parsi Zoroastrian community, bring to your attention a grave matter of community welfare, heritage preservation, and public trust violation. A property of immense significance — a historic Parsi Sanatorium located in Sanjan, Gujarat (the first settlement site of the Parsi community in India) — has been sold under circumstances that appear deeply improper, amounting to breach of trust, misapplication of charitable assets, and deterioration of minority heritage.
⸻
Background & Grounds of Concern
1. The Sanatorium property is not simply land; it is a charitable endowment created for the welfare and healthcare of the Parsi Zoroastrian community. The property was donated and maintained on the basis of community-use, non-commercial purpose and heritage continuity.
2. The sale price (approx. ₹8 crores) is starkly lower than market valuations estimated at ₹15-20 crores or more — indicating serious undervaluation and financial loss to the trust beneficiaries.
3. The sale was executed without adequate transparency, ignoring bona fide expressions of interest from within the community, raising suspicions of preferential disposal and collusion.
4. Legal and procedural irregularities are evident — especially in relation to registration jurisdiction, Index-2 issuance and trust property disposal without proper sanction.
5. Breach of Trust & Violation of donor and seller(original owners):
• The original deed and donor fund contributions were premised explicitly on the condition that the property remain dedicated for community welfare and not alienated for private or commercial gain.
• The sale thus amounts to a clear breach of fiduciary duty, misapplication of charitable assets, and defeat of the trust’s objects — all of which the Bombay Public Trusts Act recognises as grounds for intervention.
For instance, under Section 36 of the Bombay Public Trusts Act, any sale of immovable property by a public trust must have prior sanction and should aim to secure full market value; otherwise the transaction may be voidable. 
Further, Sections 41A, 41D etc provide for the powers of the Charity Commissioner to issue directions and remove trustees for mismanagement or default. 
6. Heritage & Minority Protection Dimension:
• As per the constitutional and statutory framework, the State has an obligation to protect historic monuments and places of artistic or historic interest (e.g., Article 49 of the Constitution). 
• The national legal regime for heritage-conservation (including the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and related bylaws) requires prevention of destruction, disposal, spoliation or commercialization of heritage properties. 
• The property at Sanjan thus not only represents a charitable asset but also a living heritage of a minority community, and its mis-sale undermines both minority rights and cultural patrimony.
7. The combined effect of these factors places this matter at the intersection of charitable-trust law, minority-rights protection and heritage conservation — requiring urgent high-level intervention.
⸻
Why Government Intervention is Crucial
• The community concerned is a notified minority under the Constitution of India, and the property is a charitable trust asset.
• The trust’s sale without proper sanction violates the Bombay Public Trusts Act’s core safeguards (e.g., Section 36’s prohibition on disposal without proper procedural approval).
• The heritage element amplifies the need for state protection: the risk is not only financial loss but irreversible damage to cultural identity and minority heritage.
• Left unaddressed, this sets a dangerous precedent: charitable and heritage assets of vulnerable minorities may be transferred away under the guise of transactions, defeating donor intent, trust object and heritage protection.
⸻
Our Humble Prayers to the Government of India
In light of the above, we respectfully urge your esteemed office to direct that:
1. A high-level investigation be instituted into this transaction, including enquiry into breach of trust, undervaluation, misapplication of funds, trust-object diversion, and registration anomalies.
2. Pending the investigation, interim suspension or stay of the sale be ordered and status-quo maintained on the property, to prevent further erosion of community and heritage rights.
3. A thorough review under the provisions of the Bombay Public Trusts Act (including sections 36, 41A, 41D) be conducted — and if violations are found, the sale be annulled and assets restored to the trust for its rightful charitable and heritage purpose.
4. Heritage protection measures be invoked — ensuring the property is recognised as a site of cultural/minority significance, safeguarded under heritage laws and communal trust protections, and maintained for community use rather than commercial exploitation.
5. Accountability be fixed on individuals (trustees, officials) who have breached fiduciary obligations, ignored donor-conditions, colluded in undervaluation or mis-sale, and misused trust assets.
6. The Government facilitate mechanisms (including the relevant ministries and heritage/charity commissions) to regenerate the property into its intended purpose — health / welfare of the Parsi community, heritage site maintenance and community heritage tourism (if appropriate).
⸻
Sanjan is not merely a site of real estate — it is the cradle of Parsi life in India, a symbol of our ancestors’ faith in India’s pluralism and inclusive spirit.
We remain guided by our ancient ethos: Good Thoughts. Good Words. Good Deeds.
Our request is simple: justice, transparency, accountability and heritage preservation for future generations.
We submit this petition with humble faith in your leadership, confident that minority heritage and charitable trust protections will not be compromised.
With sincere hope and deepest respect,
Hushang Vakil
[On behalf of concerned Parsi Zoroastrian Community ]
💢💢💢

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Petition created on 29 October 2025