2011 Supreme(Bom) 499
High Court of Judicature at Bombay
THE HONOURABLE MR. JUSTICE A.S. OKA
Maharashtra Gandhi Smarak Nidhi
Versus
Gandhi Smarak Nidhi (Central) & Another
FIRST APPEAL NO.292 OF 2008 ALONGWITH FIRST APPEAL NO.293 OF 2008
Decided on : 28-04-2011
For the Appellant:Sugandh B. Deshmukh, Advocate.
For the Respondents:R1, J. Shekhar i/b. M/s. J. Shekhar & Co., Advocates.
Headnote:
Limitation - Bombay Public Trusts Act - Section 70(A) - Summary of Acts and Sections: Section 70(A) of the Bombay Public Trusts Act, 1950 - The court discussed the applicability of limitation for exercise of power of revision under Section 70(A) of the Bombay Public Trusts Act, 1950 and whether the power is required to be exercised within a reasonable time from the date of passing the impugned order. The court referred to the decisions in the case of Virbala K. Kewalram Vs. Ramchandra Lalchand 1997 Mh.L.J. (1) 94 and the case of Santoshkumar Shivgonda Patil Vs. Balasaheb Tukaram Shevale & Ors. ((2009) 9 SCC 352) to interpret the discretionary power under Section 70(A) and the requirement to exercise it within a reasonable time.
Fact of the Case:
The case involved a dispute between two Trusts founded in the name of the father of the nation regarding the change reports of certain lands. The first respondent filed revision applications under Section 70(A) of the Bombay Public Trusts Act, 1950, challenging the orders on the change reports. The appellant objected to the delay in filing the revision applications, which was overruled by the learned District Judge.
Finding of the Court:
The court found that the power under Section 70(A) of the Bombay Public Trusts Act, 1950 is not subject to a prescribed period of limitation, but it must be exercised within a reasonable time. The learned District Judge's failure to consider whether the revisional jurisdiction was invoked within a reasonable time led to the quashing of the impugned order and restoration of the applications to the file of the learned District Judge for reconsideration.
Issues: The issues involved the applicability of limitation for exercise of power of revision under Section 70(A) of the Bombay Public Trusts Act, 1950 and whether the power is required to be exercised within a reasonable time from the date of passing the impugned order.
Ratio Decidendi: The court held that while there is no prescribed period of limitation for exercise of the revisional jurisdiction under Section 70(A) of the Bombay Public Trusts Act, 1950, it must be exercised within a reasonable time. The failure of the learned District Judge to consider the invocation of revisional power within a reasonable time led to the quashing of the impugned order and restoration of the applications for reconsideration.
Final Decision: The impugned order was quashed and set aside, and the applications were restored to the file of the learned District Judge for reconsideration, with the direction to consider whether the revisional power under Section 70(A) was invoked within a reasonable time.
On 18th January, 2011, this Court directed that these Appeals will be heard and disposed of finally at the stage of admission. In view of the settled law, an Appeal under Section 72(4) of the Bombay Public Trusts Act, 1950 is maintainable only on a substantial question of law. Following substantial questions of law arise in the Appeals.
(i) Whether any period of limitation is applicable for exercise of power of revision under Section 70(A) of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "the said Act")?.
(ii) If it is held that no period of limitation is prescribed for exercise of power under Section 70(A) of the said Act, whether the power is required to be exercised within a reasonable time from the date of passing the impugned order?
2. The learned counsel appearing for the parties were already put to notice that the Appeals will be heard on the aforesaid substantial questions of law.
3. As observed by this Court earlier, this is an unfortunate litigation between two Trusts which are founded in the name of the father of the nation. Considering the questions of law framed, it is not necessary to go into the details of the dispute between the parties. On 19th August, 1977, the learned Assistant Charity Commissioner accepted the change report Nos.539 of 1977 and 540 of 1977. The change report No.539 of 1977 was in respect of land bearing Survey No.36 Hissa No.2 situated at Kothrud, Pune. The prayer in the said change report was that the said property be shown as the property of the appellant Trust by making a necessary entry in Schedule-I.
The change report No.540 of 1977 was in respect of land bearing Survey No.36/1B admeasuring 7 Are at Kothrud, Pune. The prayer therein was that the entry of the said property be made in Schedule-I as the property of the appellant-Trust.
4. For challenging the said orders on the said two change reports, the first respondent preferred two separate revision applications under Section 70(A) of the said Act. The said revision applications were filed before the learned Joint Charity Commissioner, Pune Region, Pune. Various objections were raised by the appellant including an objection that there was an inordinate delay of 23 years and 7 months in filing the revision applications. It was contended that the revision applications were barred by limitation. The said objection has been noted in the Judgment delivered by the learned Joint Charity Commissioner. One of the findings recorded by the learned Joint Charity Commissioner is that there was no prescribed period of limitation applicable to revision applications under Section 70(A) of the said Act. By Judgment and Order dated 11th September, 2001, the learned Joint Charity Commissioner allowed both the revision applications preferred by the first respondent and by quashing and setting aside the impugned orders, rejected the change reports. Being aggrieved by the orders passed by the learned Joint Charity Commissioner on the revision applications, the present appellant preferred applications under Section 72(1) of the said Act before the District Court. Apart from other contentions on merits, it was urged before the learned District Judge that there was a gross delay in filing the revision applications, in as much as the revision application were preferred after 23 years and 7 months from the date of passing orders by the learned Assistant Charity Commissioner. The said objection was overruled by the learned District Judge by placing reliance on a decision of this Court in the case of Virbala K. Kewalram Vs. Ramchandra Lalchand 1997 Mh.L.J. (1) 94. The learned District Judge observed that this Court has held that there was no prescribed period of limitation and in fact this Court held that the revision application filed after 28 years was maintainable.
5. The submission of the learned counsel appearing for the appellant is that even assuming that there was no prescribed period of limitation for filing a revision