H. L. GOKHALSE, J.

( 1 ) THE petitioners herein claim to be beneficiaries of a public trust known as M. J. Wadia Fire Temple Trust. Respondent No. 7 to this petition is this trust and respondents 2 to 4 are the trustees thereof. Respondent No. 5 is a developer of property who is developing a part of this trust property. Respondent No. 6 is Municipal Corporation of Mumbai and the first respondent is the Joint Charity Commissioner whose order dated 15th September, 2004 passed on an application filed by the petitioners herein under section 41e of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "bpt Act" for the sake of brevity) is under challenge in this petition.

( 2 ) RESPONDENT No. 7 trust is carrying on certain construction activity with the help of the above developer in the interest of the said trust and for obtaining necessary funds for the maintenance of Fire Temple and various objectives. The petitioners contend that the construction which is being carried on is an illegal one and in excess and beyond the permission granted by the Joint Charity commissioner. They have various grievances with respect to this construction which construction is almost comp