Supreme Court of India · 2016-03-15
DATTATRAYA BABURAO WALAWALKAR vs SIDDHIVINAYAK CONSTRUCTION P.LTD..
- Citation / case number
- SC 2012/37621
- Court
- Supreme Court of India
- Petitioner
- DATTATRAYA BABURAO WALAWALKAR
- Respondent
- SIDDHIVINAYAK CONSTRUCTION P.LTD..
- Author
- ROHINTON FALI NARIMAN KURIAN JOSEPH
- 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 the Charity Commissioner's sanction is mandatory for the sale of trust property, as per Section 36 of the Act, and confirmed that the trustees' decision to sell was justified due to the low rental income from the tenanted property. The Court affirmed the legality of the sale to Raunak Corporation, ensuring compliance with Development Control Regulation 33(7) regarding tenant rehabilitation.