MANUBHAI B DESAI Vs. CHARITY COMMISSIONER AHMEDABAD

JUDGEMENT

(1.) .Learned Advocates appearing in this matter were given extensive audience as if the matter was being heard finally. By this judgment, we are treating the matter as if it is heard and disposed of finally.

(2.) . The petitioners, three in number, without disclosing as to how the public at large would be adversely affected by a decision rendered by the Gujarat Revenue Tribunal in Appeal No. TEN/AA/48/96 dated 24th June, 1999 confirming the decision rendered by the Charity Commissioner, Ahmedabad under Sec. 36(3) of the Bombay Public Trusts Act, 1959 (hereinafter referred to as the Act) bearing No. 36/23/94, has filed this petition, styling it as a Public Interest Litigation.

(3.) . The Maganbhai Karamchand Station Dharmashala Trust, a Public Charitable Trust, registered under the Act, (hereinafter referred to as the Trust), is in possession of an immovable property which is used partly as Dharmashala, situated opposite Ahmedabad Railway Station bearing Survey No. 666 to 672 of Railwaypura Ward on a piece of land admeasuring 1480 sq. yds. and also an area of approximately 482 sq. yards exclusive of the super structure which has been rented to tenants. Part of the property is covered under the roadline laid by the Ahmedabad Municipal Corporation in accordance with the T.P. Scheme. From the sketch which is produced on record, it appears that there are nine small rooms which are offered to the passengers/visitors to the City. The entrance of the Dharmashala abuts to the main road which leads from Sarangpur to Kalpur Darwaja. From, the sketch it appears that there is a big chowk/open space, admeasuring 70 ft. 6 inches X 73 ft. 9 inches, having some construction in one comer. Just opposite the entrance there are rooms which are offered to visitors coming to the City. On all the four sides of the chowk there are verandahs (balconies). Before entering the building there is a covered otta, and thereafter, a wide verandah. There are two shops just near the entrance gate behind which there is a small verandah connecting the verandah inside the chowk. There are other six shops also in the premises. The property has a ground floor and first floor. In all there are ten tenants, out of which one A.K.N. Satiya is occupying two survey numbers on the ground floor as well the first floor. The total rent of all the shops per month comes to Rs. 412-50 and rent per annum comes to Rs. 4950-00. The description of the property is given at Annexure IV which is a valuation report. Reading the report, it appears that it is a very old property. There are sundry shops, offices, etc. The frontage of the property is on the main road and that too opposite main Railway Station. It is completely blocked by tenants. There is a hair cutting saloon, a person providing typing services, a restaurant and shops dealing in kerosene. The first floor structure is in occupation of the tenants. The tenants are using the bathrooms and toilet provided in the rear portion of the property since years. The roadline which is to be implemented could not be implemented in view of one or the other hurdle created by the tenants by filing litigations. The road could not be widened. Non-widening of the road causes lot of inconvenience to the people. One Trustee of the said Trust, has filed an affidavit pointing out the details with relevant documents.