We herein set out the facts, in brief, to appreciate the issues involved in this appeal.
It is against this order of the High Court, the writ petitioners one group of Trustees felt aggrieved and carried the matter to this Court in this appeal by special leave.
In the meantime, the term of one Trustee writ petitioner expired.
The Hospital companytinued its activities for few years and then remained closed for a long time for various reasons.
It is, however, number necessary to set out the details of the agreement which has numberbearing over the issue involved in the appeal.
In accordance with the terms of the grant, the PLIH companystructed charitable Hospital on the land and companytinued its activities for few years after making it an operational.
By impugned order dated 30.04.2015, the High Court disposed of the writ petition and, in effect, upheld the scheme and the orders of the Assistant Commissioner Commissioner.
Insofar as the Management of the Hospital was companycerned, one Managing Committee of PLIH used to look after its day to day management.
This grant of approval, as mentioned above, gave rise to litigation.
One group of the Trustees of BPP filed a writ petition in the High Court of Bombay, out of which this appeal arises, challenging the legality and validity of the Scheme and the approval granted by the Charity Commissioner for the use of land hospital.
yards together with garden of 624 sq.
The PLIH owned a land admeasuring 1,294 sq.
The agreement companytained several terms and companyditions on which the project was to be accomplished.
The Government of Bombay vide their resolution No.5628 dated 01.04.1924 granted sanction to the transfer and accordingly executed a lease deed in favour of BPP in relation to the aforementioned land.
He is, therefore, numberlonger on the Board of Trustees of PLIH.
By another judgment order dated 06.08.2011, the Charity Commissioner accorded approval to the PLIH for execution of lease deed in favour of KHPL to enable it to start the work.
In terms of this agreement, KHPL was permitted to renovate rebuild one super specialty hospital at their companyt on the leased land.
yards on C.S. Nos.
The land was allotted for setting up a charitable Hospital in Bombay.
The Trust through their Trustees then decided to re start the Hospital in companylaboration with others, who are expert in running and managing the Hospital.
On 01.02.1924, PLIH resolved to transfer the said Hospital to another Public Trust called Parsi Punchayet Funds and Properties, Bombay also known as Bombay Parsi Punchayet hereinafter referred to as BPP .
With this objective in forefront, the Managing Committee of PLIH on 22.03.2011 entered into a lease agreement with one companypany called Krimson Health Ventures Private Limited for short called KHPL .
The challenge was founded on grounds inter alia with a prayer to declare the scheme agreement and the order of Charity Commissioner Assistant Commissioner as being bad in law as the same, according to the writ petitioners, was number in the larger interest of the Trust.
By order dated 08.07.2011, the Assistant Charity Commissioner granted approval to the Scheme agreement.
These letters were replied by BPP PILH vide letter dated 22.12.2011.
The transfer resolved was approved by the Bombay High Court vide order dated 01.02.1924 in Suit No.126 of 1924.
The Trustees of PLIH then applied to the Charity Commissioner of Bombay under the Act for grant of approval to the aforementioned scheme/ agreement.
There is one public and charitable Trust called Parsi Lying in Hospital hereinafter referred to as PLIH having its office at A.K.Naik Marg, Fort Mumbai.
Abhay Manohar Sapre, J. Leave granted.
938 of 2013 whereby the High Court rejected the petition filed by the appellants herein for quashing and setting aside the judgment order dated 06.08.2011 passed by the Charity Commissioner respondent No.2 herein vide which the Charity Commissioner has granted permission to the respondents under Section 36 of the Bombay Public Trusts Act 1950 on the companyditions stipulated therein.
The Secretary of State for India in Council had allotted this land to PLIH for a period of 99 years by executing Indenture of Lease.
741 and 742, Flora Fountain at Mumbai.
