Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Commission On Ecumenical Mission & Relations Of The Presbyterian Church (Usa) – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT:
1. By this Writ Petition filed under Article 226 of the Constitution of India, the petitioner, a registered Public Trust, seeks to impugn the Judgment and Order dated 2nd January 2025 passed by the Learned Joint Charity Commissioner, Kolhapur Division, in Application No. 2 of 2019. By the impugned order, the Learned Joint Charity Commissioner was pleased to reject the application preferred by the petitioner-Trust, seeking extension of time to execute the sale deed pursuant to the permission earlier granted by order dated 6th February 2001 under Section 36(1)(a) of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as “the said Act”). The said permission had been granted to the petitioner-Trust to effectuate a sale transaction in favour of respondent No.5.
2. The facts giving rise to the filing of the present petition are briefly stated as under:
The petitioner is a Public Trust duly registered under the provisions of the said Act and is the owner of land bearing CTS No.259A admeasuring 24,290 square meters situated at 'E' Ward, Nagala Park, Kolhapur. The petitioner-Trust had approached the Charity Commissioner with an application seeking permission to sell the
The court affirmed that extensions for executing Trust property sales must prioritize transparency and market value, rejecting outdated agreements to protect Trust interests.
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 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....
Conditions for trust property sale should facilitate, not hinder, the trust's objectives; unnecessary burdens are impermissible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
