A.M. KHANWILKAR, J.:---Rule. Counsel appearing for the respective respondents waive service. By consent of all the Counsel, this petition was heard for final disposal forthwith.

2. This petition, under Article 226 of the Constitution of India, takes exception to the order passed by the Joint Charity Commissioner, Maharashtra State, Mumbai dated August 6, 2001, on Application No. J-4-100/2000 purported to be under section 36 of the Bombay Public Trusts Act 1950 (hereinafter referred to as the said Act for the sake of brevity), authorizing and according sanction to the respondent trust for alienation and/or to lease out the trust property (excluding fire temple and open land surrounding the fire temple) and development as contemplated in the agreement entered by the trustees with respondent No. 6 dated November 14, 2000 for consideration of Rs. 3.75 cores and further Rs. 30 lacs to be paid by respondent No. 6 to the trust for carrying on necessary repairs to the existing fire temple and further constructing extension to the Agiyari building admeasuring 3500 sq. ft. free of costs for utilization of Agiyari and religious purpose. The entire transaction has been directed to be co