- (1.) THIS petition has been filed by a Charitable Trust seeking a writ to quash and set aside order dated 22. 01. 2007 made by the Joint Charity Commissioner, Surat in Application No. 36/30/2005 and order dated 06. 08. 2007 made by Gujarat Revenue Tribunal in Appeal TEN:as No. 1 of 2007 whereunder the order made by the Joint Charity Commissioner has been confirmed by the Tribunal.
(2.) THE petitioner-Trust is in possession of land bearing City Survey Nos. 2180 and 2181 at Bardoli on and from 03. 06. 1996. It is also an accepted fact that on the date of purchase of the said land, namely, 03. 06. 1996, a building was already in existence on the said land. It is further stated by the petitioner-Trust that in 2005 there was oral discussion with local land developer Mr. Hemant Joshi of M/s. Soham Developers for development of land belonging to the petitioner-Trust. In Paragraph No. 5. 6 of the petition it is stated that an oral scheme was formulated with the five conditions stated therein: "5. 6 Petitioner has no funds for new building constructions, therefore oral scheme was formulated that: for and on behalf of the Petitioner, building construction permission obtains from the Bardoli Municipality. Then obtain sanction for Sale the said lands from the Respondent no. 1 and during procedure for sanction for Sale the said lands, for and on behalf of the Petitioner, as a Contractor Mr. Hamant Joshi, Soham Developers has to demolish the 100 years old building structures and construct a new building. After obtaining sanction for Sale the said lands and after completing the new building constructions, Petitioner will apply for obtaining sanction from the Respondent no. 1 for Sale the new building constructions. Prior to sanction from the Respondent no. 1 there would be no transfer in any manner in favour of any one who is interested to purchase either the said lands or new building constructions except possession would be handed over for the purpose of new building constructions for and on behalf of the Petitioner. If possession would be handed over only for demolishing old structures and new construction activities for and on behalf of the Petitioner. And such Contractor's Possession i. e. Agent's Possession would be treated as Petitioner's Possession. And in fact till to day Petitioner has not transferred the Possession, Right and Title of the said lands or building constructions in any manner in favour of the any one. "
(3.) SUBSEQUENTLY, in 2005 permission to put up construction was obtained from Bardoli Municipality. The petitioner-Trust made an application under Section 36 of the Bombay Public Trusts Act, 1950 (the Act) and it is the say of the petitioner that at the time of filing application the old dilapidated building was standing on the land. After moving an application under Section 36 of the Act possession of the land was handed over to Soham Developers, as an agent of the petitioner for demolition of the old building and putting up new construction. Thereafter, in 2006, namely, 11. 07. 2006 the Joint Charity Commissioner issued direction to stop the construction. Prior thereto a hearing took place on 28. 04. 2006 before the Joint Charity Commissioner and on 05. 05. 2006 an order was made for issuance of public notice for which a draft of public notice was prepared by the Office of the Joint Charity Commissioner and handed over to the Trust for publication. It appears that on publication of the notice in all six offers were made, out of which Soham Developers was offerer No. 5. One Dineshbhai Dhirubhai Rudani filed objections in response to the public notice. In the objections it was submitted that the property in question, though described as land with building, in fact on inspection, was found to be property comprised of land on which fresh construction was undertaken and hence, the Joint Charity Commissioner found it necessary to initiate inquiry.;