VidhiSangh

Supreme Court of India · 21/09/2017

CYRUS RUSTOM PATEL versus THE CHARITY COMMISSIONER MAHARASHTRA, STATE & ORS.

[2017] 9 S.C.R. 277 · 2017 INSC 974

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Summary

A beneficiary challenged sanction for development-cum-sale and a 999-year lease of valuable Mumbai trust property privately negotiated with a developer. The Court found that the trustees and Charity Commissioner had failed to protect the trust, ascertain market value or justify dispensing with public notice. It set aside the sanction and High Court judgment and directed repayment of the consideration.

Issues

  1. What duties Section 36 imposes when sanctioning alienation of public trust property.
  2. Whether the private development-cum-sale transaction and waiver of public notice safeguarded the trust.
  3. Whether delay barred interference where development had not commenced.

Provisions considered

Held

Result

Appeal allowed; Charity Commissioner’s and High Court’s orders set aside. Trust directed to repay Rs. 2.95 crore to the developer. Developer to deposit Rs. 1 lakh costs with the Supreme Court Advocates Bar Association Welfare Fund within six weeks.

Judgment PDF: Supreme Court of India, [2017] 9 S.C.R. 277.