ssp 1 WP1787 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1787 OF 2011 Wakadi Chawls Tenants Welfare Association and Anr. .....Petitioners versus State of Maharashtra and Ors. ..... Respondents Mr.C.M.Korde, Senior Advocate i/by M/s.Chitnis and Co., for the petitioners. Mr.G.W.Mattos, AGP, for respondent Nos.1 and 6. Ms.Asha Bhamwani i/by Ms.Kiran Bagalia, for respondent Nos.3 to 5. Mr.G.S.Kulkarni with Ms.Swati Deshmukh i/by Mr.Sachin Gangan, for respondent No.7. Mr.Pramod Keni i/by Thakordas and Madgavkar, for respondent No.8. Mr.M.B.Swar i/by Thakordas and Madgavkar, for respondent No.9. CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 13 th DECEMBER, 2011 P.C. 1. The grievance made by the petitioner is that the Charity Commissioner has not decided application under Section 36 of the Bombay Public Trust Act, which according to the petitioner, is pending since long. In response to our order dated 30th November, 2011, the learned AGP submits that today Mr.Mangesh R. Deshpande, Assistant Charity Commissioner, is present in this Court and he has received instructions from him in respect of the subject matter. It is submitted that a request letter has been submitted by the MMRDA in connection with ssp 2 WP1787 of 2011 giving NOC for development of the said property. The petitioner has also given an application in connection with the development of the disputed property. The respondent No.7 has also submitted an application under Section 36 of the Bombay Public Trust Act. All these applications are pending before the Charity Commissioner and have not been disposed of. The learned AGP submitted that in an application submitted by the respondent No.7, there are various office objections which are required to be removed and then only the matter can be proceeded further. It is further submitted that the Charity Commissioner will dispose of all the pending applications expeditiously and in any case within a period of six weeks from today, provided office objections if any, are removed by the respondent No.7. 2. Considering the said aspect, the concerned applicants may initially remain present in the Office of the Charity Commissioner at 11.30 a.m., on 19-12-2011 and the Office of the Charity Commissioner may thereafter, given appropriate date of hearing of these applications to the parties so that on a given date, the matter can be heard and decision can be taken by the Charity Commissioner. On the aforesaid date, if there is any office objection in any of the applications, the concerned applicant shall remove the same within a period of one week thereafter. The Charity Commissioner may give date to the concerned applicants and may ssp 3 WP1787 of 2011 hear the applicants and by a common order, may dispose of all the applications, as it relates to the common property, within a period of six weeks from 19-12-2011. The concerned parties may remain present before the Charity Commissioner on 19-12-2011 at 11.30 a.m.. 3. In view of what is stated above, the writ petition is disposed of. 4. It is clarified that in so far as the other issues which are raised in the petition are concerned, the same are not adjudicated at this stage and it will be open to the petitioner to take out fresh proceedings in this behalf. ( MRS.MRIDULA BHATKAR, J.) ( P.B.MAJMUDAR, J.)