BARAIMAM MASJID TRUST Vs. CHARITY COMMISSIONER MAHARASHTRA STATE

JUDGEMENT

(1.) These two writ petitions are challenging the common order passed by the Charity Commissioner, Pune dated 19.4.2005 refusing to grant permission under Section 36 of the Bombay Public Trusts Act, 1950 to the petitioners for the sale of the trust property. Since both the writ petitions are arising out of a common order, both of them are disposed of together by this common judgment.

(2.) Some of the material facts in Writ Petition 3965 of 2005 are briefly enumerated as under.

(3.) The petitioner trust is a public trust registered under the provisions of the Bombay Public Trusts Act, 1950 (hereinafter referred to as the said Act) bearing PTR No. B-189 (ANR). Petitioner Nos. 2 to 6 are trustees of the petitioner no. trust. The trust owns land bearing survey nos. 20, 21, 22 and 23 admeasuring 15 hectares and 29 Ares situated at Savedi, Ahmednagar. The said land is situated in the heart of the city. After the commencement of the trust, some time in or about 1994, an application was made under Section 50A (3) of the said Act for modification of the scheme and accordingly the scheme was modified by the authorities thereby the scope and object of the Trust was changed and several new objects were included in the scheme of the Trust. The original object was only to maintain the masjid and now with the amended objectives various other secular objects, inter alia, running of educational institutions, etc., have been introduced. It is not in dispute that large amount of property out of the property which is held by the Trust is in possession of one Baraskar family who are claiming to be the tenants in possession of the said property and the dispute between the tenants and the petitioner trustees for the purpose of possession of the said land is in court. There are various other litigations as against various other tenants which are pending in various courts. It is the case of the petitioner that out of the said trust property the petitioner was getting a meagre income of small amount of Rs. 100/- per annum and accordingly on 28.1.2001 held a meeting and decided to alienate part of the land admeasuring to 15 hectares and 29 Ares so that necessary funds can be generated for the purpose of fulfilling and achieving the objects of the Trust. It was decided in the said meeting that the Trust will purchase another suitable property from the funds recovered from the sale thereof and carry on the activities of the trust. The petitioner no. 1 thereafter invited bids by way of private circulation for alienation of the said property. The petitioner also got the said land valued and the valuer had valued the said land at Rs. 3.90 crores as the market value of the said land. The said market value was arrived at on the basis of various tenants in possession and the pending litigation. On 24.11.2001 pursuant to the invitation of bids, the petitioner entered into a contract with one Rajiv Buildwell Pvt. Ltd., for a sum of Rs. 4.81 crores who was the highest offerer in respect of the purchase of the said land. Subsequently, the petitioner Trust entered into negotiations and M/s. Rajvi Buildwell Pvt. Ltd., increased their offer to Rs. 5 crores which was accepted by the Trust and an agreement for sale was entered into. Pursuant to the said acceptance of the said offer the petitioners filed an application under Section 36 of the said Act for the purpose of sanction. On 1.12.2001 the learned Joint Charity Commissioner directed that the petitioners should invite fresh tenders by issuing advertisements in reputed newspapers. On 9.6.2001, as per the directions of the Joint Charity Commissioner the petitioners issued advertisements in various newspapers and fresh offers were invited. Pursuant to the said advertisement, the offers received by the petitioners were as under :