Supreme Court of India · 2016-03-15
Dattatraya Baburao Walawalkar & Ors vs Siddhivinayak Construction P.Ltd.& ...
- Court
- Supreme Court of India
- Petitioner
- Dattatraya Baburao Walawalkar & Ors
- Respondent
- Siddhivinayak Construction P.Ltd.& ...
- Author
- R.F.Nariman
- Bench
- Rohinton Fali Nariman, Kurian Joseph
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's dismissal of the letters patent appeal regarding the sale of trust property under the Bombay Public Trust Act, 1950. The Court emphasized that prior sanction from the Charity Commissioner is mandatory for the sale of trust property, as stipulated in Section 36 of the Act. The Court confirmed that the trustees acted within their authority by obtaining necessary permissions and ensuring tenant rehabilitation as per Development Control Regulation 33(7). The appeal was dismissed, affirming the legality of the transaction with M/s. Raunak Corporation.