1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2879 OF 2008 ... Mr.Dinshaw Rusi Mehta and ors. ..Petitioners v/s. The State of Maharashtra and ors. ..Respondents ... Mr.Aspi Chinoy, Sr.Advocate with Mr.Rafiq Dada, Sr.Advocate and Mr.Percy Gandhi and Ms.S.J.Pochkhanwala i/b Mulla & Mulla and CBC for Petitioners. Mr.D.A.Nalawade, Government Pleader for the State/Respondents Nos.1 & 2. Mr.Iqbal Chagla, Sr.Advocate with Mr.N.H.Seervai, Sr.Advocate, Mr.S.V.Doijode, Mr.P.A.Kabadi i/b Doijode & Associates for Respondents Nos.3 & 4. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 15th October, 2009 P.C.: By consent of parties, petition is disposed of in following terms: 2 (i)The order dated 5-11-2008 passed by the Charity Commissioner is set aside; (ii)The trustees of Bombay Parsi Punchayat shall be free to dispose of the remaining flats in relation to which sanction was given by the Charity Commissioner at the rate at which they have been permitted to sell the flat on ownership basis to poor, needy and deserving Parsis and priority being given to poor Parsis. (iii)The trustees to file an undertaking in this court within a period of two weeks from today that on the same property i.e. Panthaki Baug, buildings will be constructed having at least 300 flats within a period of two years from today, which will be allotted under Merit Rating Scheme of the trust, immediately on the flats being ready for occupation. 3 (iv)The undertaking to be given is accepted. (v)The trustees shall be at liberty to apply for extension of time, if at the end of the period of two years they find that it is not possible to comply with the time limit for a reason beyond their control. It is made clear that application for extension of time shall not be entertained unless substantial progress is made in the matter of construction of buildings. (vi) Petition disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)