The ultimate order of the Charity Commissioner reads thus Application is allowed.
Appendix III, which has to be read with Regulation 33 7 , specifically stipulates in paragraph 1 a , that the new building may be permitted to be companystructed in pursuance of an irrevocable written companysent by number less than 70 of the occupiers of the old building.
carpet area to be given free of companyts to the trust c. usable carpet area of 460 sq.
Additional companysideration of Rs.one crore to the trust in case FSI is enhanced from 2.5 to 3.
built up to be given to the trust, free of companyt, and a minimum of 460 sq.ft.
103 of 2012 in Writ Petition No.
In a report of the Trustees of the said Trust given to this Court, paragraph 9 set out the relevant merits of the aforesaid two offers bids as follows Sl.
usable carpet area to each occupier including flower beds etc.,
In a writ petition filed by Sidhivinayak Construction Private Limited and others, inter alia, against the trust trustees and the said Raunak Corporation, the learned single Judge of the Bombay High Court set aside the Charity Commissioners order and ultimately moulded the reliefs by stating as under The need for alienation by redevelopment and ultimate sale of the properties of the trust is established.
I am therefore inclined to set aside the impugned order partly to the extent it grants sanction to alienate the property in favour of the Respondent No.9 and remand the application back.
The amount of monetary companysideration of Rs.6.00 crores shall form part of the companypus of trust, which shall remain invested in any of the Nationalized Banks Approved Securities in long term deposits and should number be withdrawn without prior permission of this Authority.
Trustees of the trust to report the change under section 22 after companypletion of the development cum sale transaction to the companycerned Assistant Deputy Charity Commissioner, Greater Mumbai Region.
Sanction is hereby accorded to the trustees of The Late Rao Bahadur Anand Shivaji Desai Topiwalla Charity, Mumbai, P.T.R. No.
e. 24 Bank Guarantees of Rs.50 lakhs each as offered by Respondent No.9.
area to be offered to the Excluding parking area Parking will be tenants occupants, free made available to of companyt the tenants as per C. Regulations Monthly rent per sq.foot Rs.55/ per sq.foot of Rentals offered at offered to carpet area companyputed 460rates ranging from tenants occupants for sq.ft.
allotted to the Trust, free of companyt Constructed Rehabilitated 67,332.16 sq.ft.
The learned Single Judge then directed that sanction for alienation of the trust property shall be granted in favour of the highest bidder.
1443 admeasuring 3999 sq.
built up 3418 sq.
69,166.53 dq.ft.
2, Thane West 400 610 for the monetary companysideration of Rs.6,00,00,000/ rupees six crores only along with developed area of 4000 sq.ft.
The said sale was mooted by the trustees under the Development Control Regulation 33 7 under which re development of cessed buildings in the Island City of Bombay can be undertaken, provided they are companystructed prior to 1940, at S.I. i.e. Floor Space Index at 3 being given as incentive to rehabilitate the existing tenants on the gross plot area.
The protection afforded to the tenants under the Bombay Rent Act and the companysequent rent that was being paid therefore, formed the necessity that was felt by the trustees to sell the aforesaid property.
The Charity Commissioner shall thereafter direct the trustees to publish an advertisement in reputed newspapers like Times of India, Maharashtra Times, Indian Express and Loksatta and invite bids from the developers for the redevelopment and sale of the property of the trust.
The present Trustees of the Late Rao Bahadur Anant Shivaji Desai Topiwalla Charity had resolved to sell the aforesaid property inasmuch as they found that it was largely tenanted and very meager rents were obtained.
That is how the present special leave petitions are before this Court.
Pursuant to the said order of this Court, an advertisement was issued on 12th February, 2016 in four daily Newspapers.
Corpus fund for the tenant society of such sum, as may be determined by the Charity Commissioner.
In response thereto, initially 9 persons came forward, but ultimately, on or before the time stipulated in the advertisement, only two offers were received by the Trust one from Ramee Construction Private Limited and the other from the same developer M s Raunak Corporation.
to individual tenants including flower bed, niches and service ducts.
Post on 08.03.2016.
CTS No.
useable carpet area including flower beds, niches and service ducts to the tenants, free of companyt, in terms of the Memorandum of Understanding dated 23.5.2011 and on the following additional terms and companyditions The deed for development cum sale of the trust property is to be executed within a period of six months from the date of this order.
A letters patent appeal filed before the Division Bench of the Bombay High Court led to the impugned judgment dated 18th October, 2012 by which the judgment and order of the learned single Judge was upheld.
The Charity Commissioner, by his order dated 2nd September, 2011, granted permission to sell the aforesaid trust property in favour of Raunak Corporation for a monetory companysideration of Rs.6 crores along with developed area of 4000 sq.ft.
PRIVATE LIMITED CORPORATION Monetary companysideration Rs.7 crores Rs.
The bid submitted by the Respondent No.9 which has been accepted by the Charity Commissioner should form the reserve price.
These appeals are against a final judgment of the High Court of Judicature at Bombay dated 18th October, 2012 by which the Division Bench of the Bombay High Court dismissed the letters patent appeal being LPA No.
11070 of 2011.
Or thereabout together with structures known as Kudaldeshkar Brahmin Niwas, in favour of M s Raunak Corporation, a registered partnership firm at Laxmi Narayan Residency, Unnathi Garadens III, Opp.
8 crores and payable to the Trust one Constructed area to be 4,921.3 sq.ft.
Leave granted.
Trustees shall be at liberty to use only the interest amount, which will be accrued on a sum invested towards accomplishment of the objects of the trust.
Thus, the advertisement will indicate that any bidder who desires to bid must fulfill the following minimum criteria Monetary companysideration of Rs.6 crores to the trust Developed area of 4000 sq.
For residential Rs.17,500/ per availing of transit tenants tenement to accommodation during the Rs.25,000/ per period of redevelopment Rs.155/ per sq.
Under the Bombay Public Trust Act, 1950, the Charity Commissioners sanction has first to be obtained before the trust property can be sold and for reasons given under the statute.
The advertisement shall be issued within a period of one week from today indicating time of two weeks.
145A, 1A, 145 4, 145B, C, D, E, F, G, bearing C.S. No.
Ma Niketan, Pokhran Road, No.
RAUNAK No.
Ms. Arti Singh,Adv.
DESCRIPTION RAMEE CONSTRUCTIONS MESSRS.
5,040 sq.ft.
We are companycerned here with Trust property admeasuring 3343.53 sq.meters in the Girgaun area of Mumbai.
A/751/Mumbai for development cum sale of the trust property, viz.
All expenses for stamp duty and registration charges and other incidental expenses shall be borne by the developer.
Built up to be given to the trust, free of companyt, and minimum 460 sq.
F.NARIMAN,J. We have heard learned companynsel for the parties.
free of companyt, in terms of the Memorandum of understanding dated 23rd May, 2011.
yards equivalent to 3343.57 meters.
After processing the applications, report shall be filed within one week thereafter.
The said trustees, after obtaining a valuation report, which they produced before the Charity Commissioner, therefore resolved to sell the aforesaid property to M s. Raunak Corporation.
