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 completed within a period of 36 months from the date of obtaining IOD and commencement certificate from the Municipal Corporation.

3. Briefly stated, the respondent Nos. 2 to 5 are trustees of Muncherji Jamshedji Wadia Fire Temple Trust, which is registered under the Bombay Public Trusts Act, 1950, being Registration No. PTR No. C-445 (Bom.). The trust has been created by an indenture of trust dated December 21, 1866 by Nusserwanji Muncherji, Burjorji Muncherji and Dadbhoy Pestonji Wadia, Bombay. The principal object of the trust is to maintain and upkeep the fire temple and sacred fire therein for ever for the use of Parsee Zoroastrian community of all classes - that is to say, for the use of all persons whomsoever professing the Zoroastrain faith and to maintain the houses and buildings on the said grounds in connection with the said fire temple for residence of such priests as may from time to time be selected or permitted by the said trustees for the time being to alleviate in and attend upon the said fire temple. It appears that some time in 1993 certain local parsee residents and devotees of the said temple applied to the respondent No. 1 under section 41-E of the said Act seeking to restrain the respondent Nos. 2 to 5 on the allegations that they were committing certain irregularities and were intending to demolish the building and temple complex including Agiyari building and relocate sacred fire installed therein and develop the temple property, the Cosmopolitan Shopping Complex and residential colony for all and sundry. According to them, the respondent Nos. 2 to 5 were acting in breach of their duties as trustees and in violation of the said indenture of the trust. The said application was numbered as Application No. 40 of 1993. The respondent No. 1, in paras 4 and 5 of his order dated January 31, 1997, while disposing of the said application observed that the said application was not bona fide. The respondent No. 1 has further observed that in any case apprehension expressed in the said application was obviously misconceived because no trust property was to be alienated or developed without prior permission of the Charity Commissioner. In the circumstances, the said application came to be dismissed. It appears that one Karsi Behramji Makihatana and others filed writ petition in this Court being Writ Petition No. 519 of 1998 which, however, was allowed to be withdrawn. This Court vide order dated 14-6-1999 recorded the assurance given on behalf of the respondent trust that the trust has no intention to demolish the existing fire temple in the Agiyari or of shifting the sacred fire to any other place. This Court also recorded the fact mentioned on behalf of the trust that the existing Agiyari structure was in the state of disrepair and the tru