( 1 ) BOTH the petitions are relating to same subject-matter and integrally connected and therefore are decided together. There exists a Januhasan charitable Trust at Dhoraji of which respondent No. 4 is a trustee. The land in question admeasuring 26,788-8-2-0 sq. yds. was purchased by the trust at the rate of 0-04 annas per sq. yd. , from the erstwhile State of Gondal on 10-8-1940. The land is situated at village Dhoraji. At the back of grant along with the map of the site, a note was put up which reads as under : (Quotation in handwritten Gujarati)

( 2 ) A charitable hospital was constructed on part of the land. Some shops were also constructed for yielding income. However, major portion of the land was lying vacant. In June 1981, some communal riots took place in village dhoraji in which the building of the hospital was severely damaged and was rendered incapable of being used. An application was moved to the Joint Charity commissioner on 15-11-1983 by the Managing Trustee of the said trust seeking permission to sell 26. 6. 6 sq. yds. of open land. It was stated in the application that due to riots on 13-6-1981, the hospital building consisting of about ten rooms incl