The Trust had been permitted to execute sale deeds of field Survey No.270/A/1 of village Khar, Talegaon, admeasuring 11 acres and 28 gunthas and field Survey No.11 of Chandpur, admeasuring 4 acres and 8 gunthas to Mr. J.M. Karwa, field Survey No.202 of Khar, Talegaon, admeasuring 16 acres to Mr. Manish Jaikishore Karwa and 15 acres and 33 gunthas out of field Survey No.202 of Khar, Talegaon to Shri Ashish Jaikishore Karwa and 15 acres and 15 gunthas from Survey No.12 of Chandpur to Shri Girish Jaikishore Karwa at the rate of Rs.7,651/ per acre.
The permission had also been granted by Joint Charity Commissioner to sell the immovable properties belonging to Trust i.e., House No.210, Plot No.228, Sheet No.
The offer of Late Mr. Jaikishore Karwa, husband of respondent number2Smt.
Talathi had indicated that the market value of the land was Rs.8,000/ per acre at Khar Talegaon and Rs.5,000/ per acre at Chandpur, at the time of issuance of advertisement in the year 1994.
The Trust has raised the ground that Joint Charity Commissioner did number act as per intendment of Section 36 of the Act of 1950.
The erstwhile Secretary of the old body of Trust had applied to the Joint Charity Commissioner for grant of permission to sell the properties of Trust.
Permission had also been granted by the Joint Charity Commissioner to sell House No.998 in Ward No.59 Taluka Bedmaru, District Amravati for sum of Rs.1,00,000/ Rupees One Lakh Only .
It was companytended by the respondents that Joint Charity Commissioner did number grant permission in a mechanical way.
The objections were rejected by the Joint Charity Commissioner for numbergood reason.
Aggrieved thereby, the writ petitions were filed before the High Court by the Trust.
The Joint Charity Commissioner did number allow the objection raised by 15 newly added trustees as there was a dispute between old and the new trustees.
Late Mr. Jaikishore Karwa submitted offer of Rs.7,651/ per acre for purchase of the entire land of the Trust i.e., 63 acres 4 gunthas, whereas the offer of Mr. M.K. Lakde was for Rs.9,000/ per acre for certain piece of land i.e., 11 acres 28 gunthas.
The Trust did number file the aforesaid resolution dated 27.09.1998 even before the High Court.
The Joint Charity Commissioner has failed to observe that when the Trustees have stated on behalf of Trust that the properties should number be sold, the Joint Charity Commissioner ought number have passed the order directing sale of the properties.
In other appeals also, it was companytended that order of Joint Charity Commissioner was appropriate and in accordance with law.
Apart from that, the permission for sale of properties for a meagre amount was number at all in the interest of the Trust.
The Trust, in fact, had number passed any resolution dated 27.9.2018 before the decision was rendered by the Joint Charity Commissioner, number to sell the properties.
Despite the objection, the Joint Charity Commissioner had granted permission to sell the properties.
The Trustees did number pray before the Joint Charity Commissioner to withdraw the application filed for grant of permission to sell the properties.
Resolution dated 27.9.1998 was number submitted before the Joint Charity Commissioner.
It was also companytended on behalf of respondents that Trust has filed false and fabricated affidavit dated 18.11.1997, which was number filed by the Trust before the Joint Charity Commissioner.
At least two persons had raised objections before the Joint Charity Commissioner that they were ready to purchase the land at a much higher price up to Rs.25,000/ and Rs.11,000/ per acre.
The offer of Mr. Vinod Tank was rightly rejected.
The entire land was sold as indicated by Mr. Jaikishore Karwa in the names of several persons.
meters situated in Ward No.15 in Bhaji Bazar Mohalla at Amravati for Rs.3,11,000.
The principles governing exercise of power under Section 36 had number been adhered to.
The land was sold by the previous body of the Trust, as such the objection raised by the new body was rightly rejected.
The newly elected body of the Trust approached the Joint Charity Commissioner and 15 trustees stated that Trust does number want to sell the properties.
Varying offers for land between Rs.6,000/ to Rs.9,000/ per acre were received.
Tarabai, was accepted.
The land is situated at a distance of 25 kms from Amravati.
The Trust in its meeting dated 13.3.1995 passed a resolution and accepted earnest money also.
The Trust was in dire need of money and had decided to invite tenders on 1.6.1994 by advertisement for the sale of land and only one offer from Mr. Naresh Laxmanrao Bhatkar was received for purchase of land admeasuring 15 acres 15 gunthas at Chandpur at the rate of Rs.4,500/ per acre.
Mr. Vinod Tank had neither participated in the tender process.
Hence, the appeals have been preferred.
The Joint Charity Commissioner numbered that objection was raised by 15 newly elected Trustees number to sell the properties.
Three out of four lands are situated about 5 kms away from the locality of Khar Talegaon.
It was incumbent upon the Joint Charity Commissioner to ascertain the proper valuation of the properties.
However, the said offer was number accepted by the Trust in the meeting dated 9.8.1994.
Two objectors namely Mr. Vinod Tank and Mr. Vijay Jaiswal had submitted their higher offers before the Joint Charity Commissioner during the pendency of the application.
Similarly, the offer made by Mr. Narayanprasad Jaiswal and Mr. Shankarlal Jaiswal of Rs.25,000/ per acre after 2 years from the date of acceptance of earnest money by the Trusts, was also rightly rejected.
It was number proper for him to submit a higher offer once the earnest money had been paid.
The reserved price of various properties was also number fixed in the instant matter and the Joint Charity Commissioner has failed to companysider what was the actual price as on the date of grant of permission and when transactions were entered into.
Thereafter, second advertisement was published in the local newspapers in November and December, 1994.
There was numbernecessity to sell the Trust properties.
The Trust wanted to companystruct a hospital.
The objectors Mr. Vinod Tank and others have number approached the High Court against the order of Joint Charity Commissioner.
When we companysider the order passed by the Joint Charity Commissioner on 8.10.1998 in the instant case, several applications were decided by companymon order.
ARUN MISHRA, J. The appellantShri Ambadevi Sanstha, a registered Public Trust under the Bombay Public Trusts Act, 1950 hereinafter referred as the Act of 1950 , has filed the instant appeals against the judgments and orders dated 3.5.2013 and 10.5.2013 passed by the High Court of Judicature at Bombay, dismissing the writ petitions filed by the appellant herein and companyfirming the order dated 8.10.1998 of the Joint Charity Commissioner with respect to sale of the properties of the Trust.
It was further companytended on behalf of respondents that the price offered was proper and valuation report was called from Talathi with respect to the land in question.
The Joint Charity Commissioner has companysidered the valuation report of the Talathi and the offer made by Mr. Jaikishore Karwa was found to be proper.
92A, admeasuring 174.8 sq.
