VidhiSangh

Supreme Court of India · 21/07/2022

THE KHASGI (DEVI AHILYABAI HOLKAR CHARITIES) TRUST, INDORE & ANR. versus VIPIN DHANAITKAR & ORS.

[2022] 17 S.C.R. 173 · 2022 INSC 739

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Khasgi properties of the Holkar rulers lapsed to the State in 1949 under the Covenant and were transferred in 1962 to the Khasgi Trust, whose trustees later sold some of them. On a complaint, the Collector declared the properties to belong to the State and the sales invalid. The High Court upheld him and ordered an inquiry by the Economic Offences Wing. The Supreme Court partly allowed the appeals. The Part B properties vest in the Trust, a public trust under the Madhya Pradesh Public Trusts Act, 1951 that is not exempt under Section 36(1)(a), because the government nominees lack control. It must register, and alienations need the Registrar's prior sanction under Section 14. The Collector's order lacked jurisdiction and natural justice, and the inquiry was unwarranted. The Registrar must inquire into losses under Section 23.

Issues

  1. Whether the properties in Part B of the Schedule to the Trust Deed of 1962 vest in the Khasgi Trust or in the State Government.
  2. Whether the Khasgi Trust is a public trust governed by the Madhya Pradesh Public Trusts Act, 1951, or exempt under Section 36(1)(a).
  3. Whether the Supplementary Trust Deed of 08.03.1972 is valid, and whether the trustees needed the Registrar's prior sanction under Section 14 to alienate trust property.
  4. Whether the Collector's order of 05.11.2012 and the High Court's direction for an inquiry by the Economic Offences Wing were sustainable.
  5. Whether writ petitions filed by one trustee alone were maintainable.

Provisions considered

Held

Result

Appeals partly allowed. The trust is a public trust and must apply for registration within one month. The Part B properties belong to it, but may be alienated only under Section 14, and the 1972 deed is valid subject to that section. The direction to the Economic Offences Wing was set aside. The Registrar must inquire into the alienations under Sections 22 and 23, quantify any loss, and may proceed under Section 26. For the sale to Gajanan Maharaj Sansthan, the inquiry is limited to compliance with the sanction of 16.10.1997.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 173.