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1994 Supreme(Guj) 150

M.R.CALLA, M.B.SHAH
OM JIGAR ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: B.J.MEHTA, B.J.SHELAT, MANISH R.BHATT, SAURABH N.SOPARKAR

M. B. SHAH, M. R. CALLA, J.

( 1 ) ). It is the contention of the petitioner that it is a registered non-trading corporation and that its President Shri Mahesh Kalubhai Bhatt entered into an agreement on June 10 1992 to purchase a land bearing Final Plot No. 287 admeasuring 1230 sq. mtr. (1028. 40 sq. mtr) owned by the third respondent (Budhabhai Trust) for a sum of Rs. 20 lakhs. The third respondent is a public charitable trust registered under the Bombay Public Trusts Act 1960 (the Act for short ). The Trust filed an application on February 25 1993 before the Charity Commissioner for seeking permission to sell the said land. Pursuant to the said application a public advertisement was given in the newspaper on June 4 1993 inviting objections if any to the said sale and inviting offers from the public at large for purchase of the said land. It is also contended that on June 30 1993 the Charity Commissioner found that the offer of one person to buy the said land was conditional one and therefore that offer was not accepted. Further considering the fact that the highest offer was for a sum of Rs. 22 lakhs the petitioner gave an offer to buy the said land for a consideration of Rs. 22 l













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