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UDAY UMESH LALIT, S. RAVINDRA BHAT, BELA. M. TRIVEDI
Parsi Zoroastrian Anjuman, Mhow – Appellant
Versus
Sub Divisional Officer/The Registrar Of Public Trusts – Respondent
ORDER :
S. RAVINDRA BHAT, J.
1. Leave granted. This appeal by special leave is directed against the judgment of a Division Bench of the Madhya Pradesh High Court at Indore, dismissing an appeal1[Dated 29.09.2018 in W.A. 1325/2018.]. The judgment confirmed an order of the learned Single Judge, who in turn, had affirmed the rejection of the application filed by the appellant, Parsi Zoroastrian Anjuman, Mhow (hereafter referred to as “the trust”), seeking sanction for the disposal of its trust property.
2. The appellant was registered as a public trust on 29.01.1973 under the provisions of the Madhya Pradesh Public Trusts Act, 1951 (hereafter “the Act”). The trust’s membership was made up exclusively of members of the Parsi community at Mhow. On 15.05.2011, at the behest of the trust and on its application, a revisited final scheme in relation to the trust was approved by the District Judge, Mhow2[Order dated 15.05.2011 in Case No.3/2010.]. The revisited scheme contained the following clause:
The main legal point established in the judgment is the need for objective consideration of the trust's decision to sell property under section 36(1)(a) of the Maharashtra Public Trust Act, 1950, and....
The central legal point established in the judgment is that the Charity Commissioner must consider the interest, benefit, and protection of the trust when granting permission for property disposal, a....
The registrar's refusal to grant permission for trust property sale must be supported by evidence of prejudice to public interest; arbitrary denials are against statutory provisions.
The paramount consideration in permitting the alienation of trust property is the interest, benefit, and protection of the Trust, and the transparent utilization of the sale proceeds for the betterme....
Trustees must ensure any alienation of trust property is justified by genuine necessity and conducted transparently, safeguarding the trust's interests.
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