1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 790 OF 2009 ... Mr.Dinshaw Rusi Mehta & ors. ...Petitioners v/s. The State of Maharashtra and ors. ...Respondents ... Mr.Rafiq Dada, Sr.Advocate with Mr.Percy Gandhi i/b Mangesh D.Chavan for Petitioners. Mr.D.A.Nalavade, GP for Respondents Nos.1 & 2. Ms.Nilima Datta i/b Prakash Mahadik for Respondents Nos.3 & 4. Ms.Rajani Iyer, Sr.Advocate with Mr.K.G.Munshi i/b Shiralkar & Co. for intervenors. Mr.Iqbal Chagla, Sr.Advocate with Mr.Zubin Behram Kamdin, Ms.Anuradha Agnohotri and Ms.Gayatri Goswami i/b Bharucha & Patners for Intervenors. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 15th October, 2009 2 P.C.: 1 By consent of parties, petition is disposed of in following terms: (i)The order dated 23rd January, 2009 passed by the Joint Charity Commissioner, copy of which is at Exh.U to the petition, is set aside; (ii) The order dated 9th March, 2009, copy of which is at Exh.AA to the petition, is also set aside; (iii) Hon ble Mr.Justice B.N.Srikrishna, Supreme Court (Retired) is appointed as one man committee to examine the list of 104 allottees to whom allotment of flats under the Merit Rating Scheme of the Parsi Punchayet, Bombay were made by the erstwhile Board of Trustees. The learned 3 Committee shall examine whether the allotments are made in accordance with the Merit Rating Scheme. (iv) All the persons who are parties to this petition as also others whose names are in the list of 104 allottees shall be entitled to raise objections before the Committee, that they may consider fit to raise; (v) The Committee shall also inquire into the aspect of availability of the flats for allotment under the Merit Rating Scheme. (vi) The Board of Trusttes shall place all the material and documents that the Committee shall direct them to produce before him. (vii) The Board of Trustees shall abide by the order that may be made by the Committee for the purpose of holding 4 inquiry. (viii)The Committee shall submit its report to the Board of Trustees. The Board of Trustees shall act in accordance with that report. (ix) It is agreed by the parties that the parties shall appear before the learned officer through advocates or through the authorised representative and the Committee shall make the report as expeditiously as possible, as far as possible within a period of six weeks from the date of first meeting held by it. (x) The Joint Charity Commissioner is directed to make the final order in proceedings that are pending before him, filed under Section 41-D of the Act, as expeditiously as possible, in any case within a period of four weeks from today. 5 (xi)It is made clear that no extension of time will be granted to the Joint Charity Commissioner for making the order. (xii)All interim orders made by the Joint Charity Commissioner are vacated. However, the Board of Trustees are directed not to make allotment of any flat under the Merit Rating Scheme until the report is submitted according to this order and allotments are made pursuant to that. (xiii) In view of disposal of Writ Petition, Notice of Motion No.157 of 2009 is also disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)