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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE AMIT BORKAR
Aniruddh Nikhil Makhecha – Appellant
Versus
Joint Charity Commissioner – Respondent
JUDGMENT :
1. The petitioner, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, has approached this Court assailing the legality and propriety of the order dated 8th July 2024 passed by the Joint Charity Commissioner-2, Maharashtra State, Mumbai, in Application No.51 of 2024. By the said order, respondent No.2-Trust has been granted permission to alienate and dispose of the properties delineated in the application.
2. The factual matrix leading to the institution of the present writ petition unfolds as follows:
3. Respondent No.2-Trust, a charitable entity, stands registered under the provisions of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as "the Act, 1950") pursuant to a Trust Deed dated 21st January 1958, with its registration completed in the year 1961. The primary objectives of respondent No.2-Trust encompass the impartation of education, the provision of medical health facilities, and engagement in religious and social welfare activities. Over the years, respondent No.2-Trust has acquired various parcels of land, including substantial holdings in Thane, more particularly in the village of Vadavli in Owale.
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Trustees must ensure any alienation of trust property is justified by genuine necessity and conducted transparently, safeguarding the trust's interests.
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 is that the Charity Commissioner must determine whether the sale of the trust property is necessary and in the interest of the trust before granting permission und....
The main legal point established in the judgment is the requirement for the respondent to justify and record satisfaction for high valuation based on comparable sale instances and material evidence w....
The court affirmed that extensions for executing Trust property sales must prioritize transparency and market value, rejecting outdated agreements to protect Trust interests.
The main legal point established in the judgment is the necessity for a transparent process in disposing of Trust property and the Charity Commissioner's role in verifying the genuine need for sellin....
Service Matter1 - It extends to inviting offers from the members of the public and directing the trustees to sell or transfer the trust property to a person whose bid or quotation is the best, having....
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