Supreme Court of India · 2017-09-21
CYRUS RUSTAM PATEL vs CHARITY COMMR.MAHARASHTRA STATE .
- Citation / case number
- SC 2008/13509
- Court
- Supreme Court of India
- Petitioner
- CYRUS RUSTAM PATEL
- Respondent
- CHARITY COMMR.MAHARASHTRA STATE .
- Author
- HON'BLE MR. JUSTICE ARUN MISHRA
- Bench
- HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE ARUN MISHRA
Judgment text excerpt
The Supreme Court upheld the decision of the High Court dismissing the Writ Petition challenging the Joint Charity Commissioner's sanction under Section 36 of the Bombay Public Trusts Act, 1950 for a development cum sale agreement between the B.C. Batliwala Agiary Trust and M/s. Astral Enterprises. The Court found that the Trust's decision to develop the property was justified due to its dilapidated condition and the need for funds, and that the absence of a public notice was not a mandatory requirement for sanction. The Court affirmed the legality of the transaction and the process followed by the Charity Commissioner.