:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6720 OF 2007 PETITION NO.6720 OF 2007 PETITION NO.6720 OF 2007 Jija Baburao Chavan and Anr. ..Petitioners V/s Tathagat Prerana Public Trust & Ors. ..Respondents Mr.S.V. Pitre for the petitioenrs Mr.V.P. Sawant for respondent Nos. 1 to 10 Mr. S.S. Kanetkar for respodnent No.1. Ms. P.S. Cardoza, AGP for respondent Nos.12 and 13 CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 20TH FEBRUARY, 2008 : 20TH FEBRUARY, 2008 : 20TH FEBRUARY, 2008 P.C. 1. Heard learned Counsel for the parties. 2. In the order dated 11th September, 2007 it is recorded that the only anxiety of the petitioners was to see that the developer develops the property in accordance with the conditions imposed by the Charity Commissioner within the given time frame and that the petitioners do not really desire to oppose the grant of permission. 3. The learned Counsel for the petitioners has :2: shown me photographs of the construction, which is being carried out in the property in question. The construction has reached up to first floor slab level. The Learned Counsel for petitioners contended that as per the order of the Jt.Charity Commissioner dated 7-9-2006, the construction should be completed by 7-3-2008 and from the photographs, it is clear that there is no possibility of the construction being completed by that date and the respondents therefore, should be put to some terms. 4. The learned Counsel for the respondent Nos.1 to 10 on the other hand submitted that the construction is going on in full swing as is evident from the photographs which are produced across the bar and that there has been some delay on account of municipal lines found below the suit land and also for removal of a tree on the property and for that permissions were required to be obtained from the concerned authorities. It is further submitted that the developer himself is interested in completing the building, in view of the fact that the ground floor is to be retained by him and that the Jt. Charity Commissioner by his order dated 7-9-2006 in para (h) :3: imposed a condition that if the transaction is not completed within one and half years, the developer is liable to pay compensation at the rate of Rs.25,000/- per month till the delivery of the actual possession of the developed property to the Trust. He further submitted that the respondent Nos. 1 to 10 are themselves interested that they should get possession at the earliest and according to him, the petition has been filed merely to harass the trustees by the petitioners, who are former trustees of the trust. 5. From the photographs produced across the Bar, it is evident that the construction is going on and this fact is also admitted by petitioners. In this view of the matter, no case for interference is made out and no further directions are necessary. Writ Petition is dismissed. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)