S S MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present petition is filed inter alia seeking relief that the order dated 11-1-1994 passed in Misc. Petition No. 43 of 1993 sanctioning the sale of the property by the Board of Trustees to the original respondent no. 10 be recalled and set aside. Further reliefs is also claimed that the said agreement for sale be declared null and void. Pending the hearing of the petition it is claimed that this Court should grant injunction restraining the respondents from implementing the said agreement dated 14-2-1994. Some of the background material facts in which the present reliefs are sought briefly set out are as under :-

(2.) On 6-11-1930 a scheme was propounded before this Court in respect of worli Gupchar and Bhoeye Sansthan Trust. The said scheme inter alia provided the said object as a charity and for the benefit of the members of Pathare kshatriya Caste community. Under the said scheme all the assets and properties vest in the official trustee appointed by the State. However under Clause 9 it has been provided that malaks can be appointed on the Board of Trustees for management of the said trust. It has also been provided that all immovable properties shall vest in the official trustee appointed by the State Government. On 18-3-1935, a lease was granted by the Municipal Corporation for greater Bombay of a plot of land which inter alia provided for construction of buildings on the said plot of land by Hindus. The said lease was for 999 years. On the said plot of land premises were constructed by the trust and let out to the tenants belonging to the said community. The Bombay Public Trust Act came into force in 1950. It is the case of the applicant that subsequent to the bombay Public Trust Act coming into force the provisions of the said Act applied and, therefore, the scheme is governed by the provisions of the same.

(3.) It seems that a proposal was formulated for redevelopment of the said property belonging to the trust. On 20-10-1992, a proposal was submitted by the trustees for development of the trust property which is situated at Worli, mumbai, It seems that there were disputes and differences in respect of the proposal for redevelopment of the property among the members of the board. However, ultimately a petition was filed in this Court being Misc. Petition No. 43 of 1993. The said petition was filed sometime in November, 1993. The petition was filed by the Board of Trustees and an official trustee was made respondent to the said petition. According to the petitioner the Board of Trustees who were the petitioners in the said Misc. Petition No. 43/93 has not brought to the notice of this Court certain documents ie. the correspondence which preceded the proposal. It was also not disclosed that there was legal advice tendered to the board against sanctioning of the said proposal. On 11-1-1994, said petition came up for hearing and by an order dated 11-1-1994 the learned Single Judge of this Court (Vyas J. ) granted the said petition and the same was made absolute in terms of prayer Clauses (a) and (b) thereof. It is this order which has been the subject-matter of challenge in the present misc. petition.