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2017 Supreme(SC) 269

R.K.AGRAWAL, A.M.SAPRE
Dinshaw Rusi Mehta – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Amol Chitale, Ms. Pragya Baghel, Ms. Samten Doma, Advs.
For the Respondents: Ms. Sushma Suri, Ms. Purnima Bhat, U.A. Rana, Mrinal Elkar Mazumdar, Avirat Kumar, (For M/s Gagrat & Co.), Ms. Anagha S. Desai, E.C. Agrawala, Mahaling Pandarge, Nishant Katneshwarkar, Advs.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed against the final judgment and order dated 30.04.2015 passed by the High Court of Bombay in Writ Petition (c) No. 938 of 2013 whereby the High Court rejected the petition filed by the appellants herein for quashing and setting aside the judgment/order dated 06.08.2011 passed by the Charity Commissioner-respondent No.2 herein vide which the Charity Commissioner has granted permission to the respondents under Section 36 of the Bombay Public Trusts Act 1950 on the conditions stipulated therein.

3. We herein set out the facts, in brief, to appreciate the issues involved in this appeal.

4. There is one public and charitable Trust called "Parsi Lying-in Hospital" (hereinafter referred to as "PLIH") having its office at A.K.Naik Marg, Fort Mumbai. The Trust is registered under the provisions of the Bombay Public Trusts Act,1950-now substituted by the Maharashtra Public Trusts Act (hereinafter referred to as "The Act").

5. The PLIH owned a land admeasuring 1,294 sq. yards together with garden of 624 sq. yards on C.S. Nos. 741 and 742, Flora Fountain at Mumbai. The Secretary of State for India in Council had allotted this la































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