SSK/36 1 WP.1287.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1287 OF 2011 Shree Jalaram Satsang Mandal & Anr. ....Petitioners Versus Joint Charity Commissioner ...Respondent Mr. P. B. Shah, Advocate for the petitioners. Ms. P. S. Cardozo, AGP for respondent. CORAM : RANJIT MORE, J. DATED : 21st MARCH, 2011. P.C.: Heard Mr. Shah, learned counsel for the petitioners and Ms. Cardozo, learned AGP for the respondent. 2. The petition arises out of proceedings under Section 36(1)(a) of the Bombay Public Trusts Act, 1950 (in short “the Act”). The petitioners’ application seeking permission to alienate its land bearing Survey Nos. 4068, 4069, 4070, 4071 and 2970 total admeasuring at 752.91 sq.mtrs. situated at Rajkot in Gujarat State came to be rejected under the impugned order. SSK/36 2 WP.1287.11 3. It was the case of the petitioners that they have undertaken work of construction of temple complex at Chotila, Dist. Surendra Nagar in the State of Gujarat. The estimated cost is about Rs.18 crores and they need to sell the property in question to meet the expenses of construction of this temple. Learned Joint Charity Commissioner, however, was not satisfied with the petitioners’ case inasmuch as no plans, estimate and project report were submitted before him. The petitioner no.1-Trust also did not give particulars about the funds available with them for the proposed construction. The Joint Charity Commissioner held that the petitioners could not prove the need to sell the property. So far as the price is concerned, the Joint Charity Commissioner held that the offer of Rs.14,740/- per sq. mtr. is too less if the location of the property and development potential is taken into consideration. 4. Mr. Shah, learned counsel for the petitioners, however, submits that though the petitioner no.1 is having all the necessary documents to show the need of trust to sell the property, those documents were unfortunately not placed before the learned Joint Charity Commissioner. He also submitted that the valuation of the property in question was made by the Government Authorities and the same was valued at Rs.8,000/- per sq. mtr.. This valuation report was also not placed before the learned Joint Charity Commissioner. He submitted that an opportunity may be given to SSK/36 3 WP.1287.11 the petitioners to go to the Charity Commissioner by way of filing fresh application under Section 36(1)(a) of the Act. 5. In the above peculiar circumstances, Ms. Cardozo, learned AGP appearing for the respondent has no objection, if the petitioners are granted liberty to apply afresh to the learned Joint Charity Commissioner along with necessary documents in support of their contentions to secure permission as contemplated under Section 36(1)(a) of the Act. 6. In the above backdrop, in my view, the petition can conveniently be disposed of by passing the following order: 1. The petitioners are at liberty to apply to respondent – Joint Charity Commissioner, Pune Region, Pune afresh for permission under Section 36(1)(a) of the Act to sell their property bearing Survey Nos. 4068, 4069, 4070, 4071 and 2970 total admeasuring at 752.91 sq.mtrs. situated at Rajkot in Gujarat State. 2. The petitioners are also at liberty to produce all the necessary relevant documents pertaining to the need of the Trust to sell the property at fair and reasonable price. SSK/36 4 WP.1287.11 3. The respondent-Joint Charity Commissioner shall decide the petitioners’ application on merit in the event of the petitioners filing the above said application within a period of four weeks from today. 4. The respondent-Joint Charity Commissioner shall dispose of the said application as expeditiously as possible and preferably within a period of six months from the date of filing of the above application. 5. It is made clear that I have not gone into the merits of the matter and all the points and contentions are expressly kept open. 6. The respondent -Joint Charity Commissioner, nevertheless, will have to satisfy himself about the need of the petitioner no.1-Trust to sell the property, interest of the Trust and whether the Trust is getting the best available price. In the light of the above order, the petition is disposed of. SSK/36 5 WP.1287.11 7. In view of the disposal of the writ petition, the civil application no. 656 of 2011 is rendered infructuous and the same is disposed of. (RANJIT MORE, J.)