Dattatraya Baburao Walawalkar & Ors vs Siddhivinayak Construction P.Ltd.& ...

3. We are concerned here with Trust property admeasuring 3343.53 sq.meters in the Girgaun area of Mumbai. Under the Bombay Public Trust Act, 1950, the Charity Commissioner’s sanction has first to be obtained before the trust property can be sold and for reasons given under the statute. The present Trustees of the Late Rao Bahadur Anant Shivaji Desai Topiwalla Charity had resolved to sell the aforesaid property inasmuch as they found that it was largely tenanted and very meager rents were obtained. The protection afforded to the tenants under the Bombay Rent Act and the consequent rent that was being paid therefore, formed the necessity that was felt by the trustees to sell the aforesaid property. The said sale was mooted by the trustees under the Development Control Regulation 33(7) under which re-development of cessed buildings in the Island City of Bombay can be undertaken, provided they are constructed prior to 1940, at F.S.I. i.e. Floor Space Index at 3 being given as incentive to rehabilitate the existing tenants on the gross plot area. Appendix III, which has to be read with Regulation 33(7), specifically stipulates in paragraph 1(a), that the new building may be permitted to be constructed in pursuance of an irrevocable written consent by not less than 70% of the occupiers of the old building.

4. The said trustees, after obtaining a valuation report, which they produced before the Charity Commissioner, therefore resolved to sell the aforesaid property to M/s. Raunak Corporation.

5. The Charity Commissioner, by his order dated 2nd September, 2011, granted permission to sell the aforesaid trust property in favour of Raunak Corporation for a monetory consideration of Rs.6 crores along with developed area of 4000 sq.ft. built up to be given to the trust, free of cost, and a minimum of 460 sq.ft. usable carpet area to each occupier including flower beds etc., free of cost, in terms of the Memorandum of understanding dated 23rd May, 2011. The ultimate order of the Charity Commissioner reads thus :-

14. The appeals are, accordingly, disposed of as above with no orders as to costs.

15. The application for impleadment is allowed.

16. Pending applications, if any, stand disposed of.

........................J. (KURIAN JOSEPH) ........................J. (ROHINTON FALI NARIMAN) New Delhi, March 15, 2016 ITEM NO.61 COURT NO.11 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 35188/2012 (Arising out of impugned final judgment and order dated 18/10/2012 in LPA No. 103/2012 18/10/2012 in WP No. 11070/2011 passed by the High Court Of Bombay) DATTATRAYA BABURAO WALAWALKAR & ORS. Petitioner(s) VERSUS SIDDHIVINAYAK CONSTRUCTION P.LTD.& ORS. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment) (For final disposal) WITH SLP(C) No. 36789/2012 (With appln.(s) for impleadment and Interim Relief and Office Report) SLP(C) No. 36790/2012 (With appln.(s) for impleadment and Interim Relief and Office Report) SLP(C) No. 38155/2012 (With appln.(s) for impleadment and Interim Relief and Office Report) SLP(C) No. 38297/2012 (With appln.(s) for impleadment and appln.(s) for modification of court's order and Office Report) Date : 15/03/2016 These petitions were called on for hearing today.

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