PUDHARI PUBLICATIONS PVT LTD Vs. KIKABHAI PREMCHAND TRUST

JUDGEMENT

(1.) RULE, returnable forthwith. Mr. Soni, Advocate waives service of rule for respondents Nos. 1 to 7. Mr. Hariani, Advocate waives service of rule for the respondent No. 8.

(2.) HEARD by consent.

(3.) THE petitioner, who is a builder, has challenged the order dated 31st may, 2005, granting permission to the respondent No. 1 -Sir Kikabhai premchand Trust Settlement No. VI; hereinafter referred to as 'the trust' to alienate its property for a consideration of Rs. 35,70,00,000/ (Rupees Thirty Five Crores Seventy lakh only) to the Respondent No. 8-M/s. Premsagar Hotels Pvt. Ltd. . The said property admeasures 5,39,595 sq. ft. and is situated at Yerawada, Tal. Haveli, Dist. Pune, falls within the limits of Pune Municipal Corporation. The respondent no. 1 Trust obtained offers from about six parties for sale of its property. These offers were not invited in pursuance of any advertisement in the newspapers due to past experience of the respondent Trust, which is set out in its affidavit in paragraph 6. In short, the reason is that on an earlier occasion when it attempted to dispose of the property in question, the compound walls were broken by encroachers and the temporary dwellings were put up inside of the property.