- (1.) IN this petition, the petitioner has challenged the order passed by the learned Charity Commissioner dated 3rd December 1997. The said order was passed in respect of application no.13 of 1994 filed by the Bombay Diocesan Trust Association Pvt. Ltd. (hereinafter referred to as 'Trust') and prayed for sanction to sell certain lands shown in the application Exhibit 1. While moving such application, the Trust has given detailed particulars in respect of the lands as well as the structure standing thereon as per the schedule attached to the application. In the application the reference is made in respect of suit being suit no.1808 of 1989 filed in the High Court and detailed about the order of injunction issued against the trust directing the trust not to alienate the said property is highlighted and further that the said order of injunction was vacated by the Division Bench in the appeal filed by the trustees. Initially the trust has moved the Charity Commissioner to accord sanction to sell the property in favour of Mr. R.S.Durve for a sum of Rs.1,02,00,000/- as per agreement dt. 28.8.93 the trustees and with Mr. R.S.Durve. It is the case of the trust that the valuer has as per the valuation report valued the property at Rs.1,54,00,000/-. The purpose for moving the Charity Commissioner by the trust was on the ground that the trust is not getting any income from the property and further part of the property is not green belt and it is necessitated for the trust to alienate the said property as per the decision taken by the trustees and sale proceeds received from the same be utilized in the approved securities and to fulfil the income as object of the trust.
(2.) THE Charity Commissioner considering the application has issued the directions to the trustees for fresh advertisement in a prominent newspaper published from Pune. Accordingly, the advertisement was published in three daily newspapers viz 'Loksatta', 'Indian Express' and 'Kesari' inviting fresh offers on 3rd June 1994. In response to the said advertisement the trust has received is offers on different dates viz. 1)M/s. Sharda Erectors Pvt. Ltd. for Rs.1,65,00,000/-. 2)M/s.K.P.S.Associates Pune for Rs.2,18,00,000/ 3)Sufala Agricultural Pvt. Ltd. for Rs.2,07,00,000/- 4)R.S.Durve of Pune for Rs.1,11,000/-. 5)Hira Solanki Associates Pune for Rs.1,21,00,000/-. 6)Construction and Investment Company Pune, for Rs.1,31,00,000/-. Considering the said offers and the offer of Ketki Associates, Pune was the highest, the trust has accepted the said offer on 7th May 1994 and agreement was executed with M/s. K.P.S.Associates on 22nd August 1994. As per the said agreement, M/s. K.P.S. Associates has deposited the sum of Rs.12,50,000/- by demand draft and the balance amount to be paid subsequently as per the agreement. In the proceedings before the Charity Commissioner, the objections ware raised for according sanction to sell the properties and considering the objections, the Charity Commissioner has passed the order directing the person interested to purchase the property, should deposit a demand draft of Rs.12,50,000/-. Accordingly, as per the direction, M/s. M/s.K.P.S.Associates, Pune, M/s. Sharda Erectors Pvt. Ltd. Sufla Agri. Pvt. Ltd., R.S.Durve and Shri. Balasaheb Jadhav and others submitted demand draft for Rs.12,50,000/-. It is further found however, subsequently Sufla Agricultural and Mr. Balasaheb Jadhav took back their demand drafts and their offers and accordingly two offers viz. M/s. K.P.S. Associates Pune and M/s Sharda Erectors Pvt. Ltd. remained for consideration before the Charity Commissioner. The record and proceedings from the Charity Commissioner is before me and I have gone through the said record and the impugned order passed by the Charity Commissioner.
(3.) IT is also further found that the matter was notified before the Charity Commissioner on several dates and the objectors Shri Balasaheb Jadhav and Sufla Agricultural Pvt. Ltd had remained absent when the matter was notified before the Presiding Officer and in between the Sharda Erectors Pvt. Ltd. had enhanced its offer to Rs.2 crores 25 lacs. It is further found from the proceedings M/s. Niles Associates had lodged caveat on 29th October 1997 indicating his interest in purchasing the property and accordingly, prayed that the hearing be given before passing the order. Subsequently, the said caveat was withdrawn through advocate Shri Hemant Sultani. From the proceedings, it is also found that other objectors viz. Dipak Kundale and others and Christprem Seva Sangh and R.S. Durve had withdrawn their objections as per Exhs 56 and 58 respectively and Shri Hira M. Solanki has vide Exhibit 59 submitted no objections in favour of M/s. Sharda Erectors Pvt. Ltd. as his offer is highest at Rs. 2 corers 25 lacs and further Exhibit 60 is also issued showing no objection to alienate the property in favour of M/s. Shards Erectors Pvt. Ltd. In view of above, Charity Commissioner considered that only one offer of M/s.Sharda Erectors Pvt. Ltd. remained to be considered where he has offered a sum of Rs.2 corers 25 lacs. The Charity Commissioner accordingly with this record and considering the application under section 36 of the Bombay Public Trust Act, has considered that Valuer has as per valuation report Exh.22 has valued the property at Rs. 1 crore 54 lacs and while considering the price offered and others are ready to pay Rs. 2 crores 25 lacs, held that the price is adequate and further reviewed that applicant trust has no objection to sell the said trust property to M/s. Sharda Erectors Pvt. Ltd. He has also while examining the necessity recorded finding that there is compelling necessity for the trust to alienate the property and the price offered at Rs 2 corers 25 lacs is adequate and the same is in the interest of the trust and accordingly, he accorded sanction permitting the trust to sell the said land to M/s. Sharda Erectors Pvt. Ltd or their nominee/nominees for an amount of Rs.. 2 corers 25 lacs on usual terms and conditions.;