RAUNAK CORPORATION Vs. SANJAY MANOHAR KASTUR

JUDGEMENT

(1.) These Letters Patent Appeals arise from Writ petitions which were heard together and disposed of by a common judgment and order by the learned Single Judge on 29 March 2012.

(2.) The subject matter of the dispute is the property of a public trust. On an application made by the trustees under section 36 of the Bombay Public Trust Act, the Charity Commissioner granted sanction for development cum sale of the trust property to a developer. The learned Single Judge by the impugned order found that the sanction was not properly granted, and as there was no advertisement issued the matter needs to be remanded to the Charity Commissioner and an advertisement needs to be issued. The developer and trustees have filed these appeals challenging the judgment and order of the Single Judge.

(3.) The trust is called 'Late Rao Bahadur Anant Shivaji Desai Topiwala Charity'. It is in existence since the year 1926. The Trust was registered as a public Trust on 20 March 1956, after the Bombay Public Trust Act, 1956 was enacted. The settler of the trust was late Shri Narayanrao Anant Desai Topiwalla. He formed the Trust for promotion and benefit of his community Kudaldeshkar Adya Gaud Brahmins. The Trust owns properties situated at C. T. S No. 145 A, 1A, 145 4, 145 B, C, D, E, F, G, bearing city survey No. 1443 at Girgaon, Mumbai, admeasuring 3343.53 sq. metres. There are various tenements in the buildings which have been let out to individual tenants and most of the tenants belong to the abovementioned community. The premises are old and are in need of redevelopment. Since the property has tenants, redevelopment will be governed by Regulation No. 33(7) of Development Control Regulation of Greater Mumbai (DCR) which confers certain benefits on the developer, and requires cooperation of tenants/occupants.