JAGTE RAHO PARTY Vs. SECRETARY

JUDGEMENT

(1.) This petition is filed by way of Public Interest Litigation by a political party 'Jagte Raho Party', through its President, seeking directions against the respondents, namely, Office of His Excellency the Governor of Gujarat, not to impose any conditions which are undemocratic and unlawful while permitting use of Mehdi Nawaz Jung Hall.

(2.) Necessary facts, in brief, for disposal of this writ petition are as under. The first Governor of the State of Gujarat, Shri Mehdi Nawaz Jung, set up a trust, known as, Governor's Social Welfare Fund ('the Trust' for short) administered by the Board of Trustees, with the objective of providing financial assistance to the well -meaning and deserving non -governmental organizations in order to enable them to expand the scope of philanthropic activities from the monetary assistance received from the Trust. The Trust was originally set up in the year 1961. Appeals were made to the public to donate liberally to the said Trust. Responding to such appeals, the trustees of Mrs.Hiraben Manilal Vadilal Nanavati Trust, Mumbai had donated their property, viz. bungalow, known as 'diamond villa' situated at Paldi, Ahmedabad in the year 1964, on the condition that it would be utilized for carrying on various social activities and that no part of the said property would be sold, leased or rented. The said bungalow was re -named as 'Mrs.Hiraben Manilal Vadilal Nanavati Samaj Kalyan Kendra', which was subsequently named as 'Himavan Samaj Kalyan Kendra, Paldi, Ahmedabad'. In the said building there is an auditorium, known as, Mehdi Nawaz Jung Hall.

(3.) Initially, the Governor of Gujarat has formed two committees, viz. (i) Managing Committee and (ii) Advisory Committee for looking after administration of the trust, but in the year 2012, the Governor of Gujarat has reconsidered the issue and instead of reconstituting two committees, had constituted one committee, known as, Executive Committee for monitoring the activities of Himavan Samaj Kalyan Kendra, Paldi, Ahmedabad. In the reconstituted committee, Shri B.J. Diwan, Retired Hon'ble Chief Justice, High Court of Gujarat and other renowned persons were appointed as Members. Said Kendra was managing Mehdi Nawaz Jung Hall and allowing usage of such hall by individuals and organizations for various social and welfare activities.