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HIGH COURT OF BOMBAY
N. J. JAMADAR, J
Vijay Narayan Sawant – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. introduction and context of the petitions. (Para 1 , 2) |
| 2. arguments regarding the jurisdiction and competence of the charity commissioner. (Para 6 , 7 , 8 , 11 , 12) |
| 3. discussion on the powers and requirements under section 36 of the trust act. (Para 15 , 17 , 18) |
| 4. findings related to the necessity and benefit of property sale. (Para 22 , 34) |
| 5. outcome and final directives from the court. (Para 35 , 36 , 37) |
Hardas, for Respondent No. 7. CORAM: N. J. JAMADAR, J.
RESERVED ON : 18th AUGUST 2025 PRONOUNCED ON : 3rd SEPTEMBER 2025 JUDGMENT:
1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.
2. By these Petitions under Article 227 of the Constitution of India, the Petitioners take exception to a judgment and order dated 28th October 2022 passed by the learned Joint Charity Commissioner, Mumbai, whereby an Application, being Application No. 77 of 2021, preferred by the Respondent Nos. 3 to 5, seeking the permission of the Charity Commissioner under Section 36 (1) of the Maharashtra Public Trusts Act 1950 (“Trust Act 1950”) for sale of the property admeasuring 50000 sq ft equivalent to 4645.11 sq mtrs, bea
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