‘Why MCC gave Licence to Restaurant In Spite of SQ order from SC’- Activist Haneef
‘Why Mangaluru City Corporation (MCC) gave Licence to a Drive-in-Restaurant named “Garden Family Restaurant on GHS Road, against Status Quo Order from Supreme Court’- Activist Haneef Saheb Pajapalla-Human Rights Activist during a protest in front of MCC building on Thursday, 21 September.
Mangaluru: A protest was held in front of Mangaluru City Corporation (MCC) building on Thursday, 21 September 2017 at 10.30 am by Human Rights Activist Haneef Saheb Pajapalla, along with bunch of other activists and supporters against MCC’s move in issuing licence to a drive-in- restaurant named “Garden Family Restaurant” on GHS Road-Mangaluru, even though Supreme Court had issued a Status Quo Order. The restaurant opened for business just recently.
Speaking to Team Mangalorean, activist Haneef said, “The trade licence issued to Family Garden Restaurant on GHS Road in the City is illegal. This drive in Restaurant has been constructed on premises of 146-year-Old Brahmin school which was managed by United Basel Mission Church body. By demolishing the school building without any permission from the Civic Authorities, this restaurant has taken birth which is totally against the law.There is a Status quo order issued on 19.11.2011 by the Supreme court and still in force with regard to the entire premises of Old Brahmin School, but the Commissioner of Mangalore city Corporation Mohammed Nazeer, and the Health Officer Manjayya Shetty have in a biased manner issued trade license to this business”
File Photos of UBMC Brahmin School during 1870’s
He further said, “But these two MCC officials still keep denying that the original trade license has not been issued and the Restaurant is run on color xerox of the trade license. If that’s the case why has the Restaurant not stopped from functioning? It is learnt that since MESCOM has not given power connection, the restaurant has been using a generator for power for the restaurant. Members of United Basel Mission (UBMC) have made a case against CSI and others with regard to all their properties. Supreme Court has given Status Quo order in Special leave to appeal (Civil) No.(S) 13670/2012 (from the judgement order on 19.11.2011 in RFA No. 280 / 2001 of the High Court of Karnataka. Our protest will continue until and unless MCC cancels the trade licence and we want to see that the restaurant ceases its operation immediately.”
According to sources, the 146-year-old United Basel Mission Church Brahmin School located on GHS Road in the heart of the City, also being one of the oldest school here, with extreme-makeover has become a full-fledged drive-in/restaurant with fine dining/fine wining. It is learnt that the school was special as many young girls and young widows used to study here till 10th class, but sadly due to a feud between the Churches of South India (CSI) and the United Basel Mission Church (UBMC), the property was taken over by a few local businessmen, who wanted to transform it into a fine wining and dining place. The land was not converted for a change of use as per the mutation and RTC documents a total of 60 cents were alienated, out of which 23 cents was converted into a restaurant.
Sources reveal that the school was built and managed by UBMC in 1870, where many young girls and young widows studied there till 10th Class. As per Education department officials the school lacked funds from the government, so couldn’t employ more teachers- therefore, the school had to be closed down in 2006 due to other reasons also- and immediately the Churches of South India had rented it out to couple of private businessmen who had plans to convert the building into a posh restaurant. It is also learnt that all these developments were taking place even when CSI and UBMC were in a legal battle over the property.
It is also known that four years ago, the Supreme Court had ruled that both parties should need to maintain the status quo, but in spite of this SC ruling, the work on the property carried on, and Mangaluru City Corporation even issued the trade licence. But MESCOM had denied power connection unless they have proper documents on the business. In the meantime, the Chairman of UBMC-Jaiprakash Simon clarifying with the media had said, ” We haven’t given any permission to anybody to carry out any work on this school property. We have also filed a complaint with Dr Jagadeesha-the DC of DK, Police Commissioner, and also with Mangaluru City Corporation. We decided to approach the Lokayukta if the SC status quo was not maintained. Seems like there are definitely vested interests behind this brazen violation of the SC order”.
In a latest development, after the protest was held, Team Mangalorean was notified by Haneef at 2 pm that the Corporation has issued an order through a letter addressed to the restaurant management that the restaurant has to be closed immediately. (Photocopy o the letter incorporated in the report). Haneef also mentioned that it was due to the involvement and influence of local politicians that MCC officials were forced to issue the trade licence to the restaurant owners earlier. How nice to have “trustworthy” politicians like these?
