1. Rule. The learned Counsel appearing for the respective parties, waive service of notice of Rule for their respective parties. The matter is finally heard.

2. The short facts of the case appear to be that the petitioner is a Charitable Trust, governed by the provisions of the Bombay Public Trust Act (hereinafter referred to as âSthe Actâý). The petitioner applied to the Charity Commissioner for permitting sale of the land admeasuring 6150.57 sq. mtrs., bearing Survey No.15, City Survey No.4453, City No.341, located at Jamnagar (hereinafter referred to as âSthe land/property in questionâý). It may be recorded that the petitioner Trust, after undergoing the procedure for passing the Resolution of the Trust, assessed that the market value of the land is about Rs.2,06,04,400/- and moved the proposal to the Charity Commissioner under Section 36 of the Act on the ground that the Trust is required to spend for Government Tax, Municipal Tax, etc., and may also be required to incur expenses for preservation of the land and it was apprehended that there may be encroachment in future and, therefore, by disposal of the land a huge fund may be created, consequently, the interest