Seth Ranchhoddas v. State Of Maharashtra And ANR

Bhogale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3333 OF 2019 Seth Ranchhoddas Chhatrabhuj Kutchi Lohana Balashram Trust .. Petitioner vs.

State of Maharashtra & anr.

.. Respondents ------------------------ Mr. Mayur Khandeparkar a/w Mr. Maulik K. Tanna for the Petitioner.

Mr. Manish Upadhye, AGP for the State.

------------------------

CORAM

: M.S.KARNIK, J.

DATE : JANUARY 12, 2021 P.C.:- Heard learned counsel Shri Khandeparkar appearing for the Petitioner and learned AGP appearing for the Respondent. 2.

Shri Khandeparkar invited my attention to the impugned order passed by the learned Joint Charity Commissioner. Shri Khandeparkar submitted that the building in respect of Digitally signed by Diksha Rane Date:

2021.01.12 17:10:51 +0530 which the tenants have formed an association the purchase price Diksha Rane of which was revised to the tune of Rs.40 lakhs and it was accepted by the trustees in their meeting dated 29.04.2011. Shri Khandeparkar submitted that it was not possible for the Trust to adopt any other mode of alienation. To support his submission he has invited my attention to the averments made in the 1/4

Petition. During the course of hearing Shri Khandeparkar urged thus :- "There are as many as 20 tenants occupying suit building standing on the said land admeasuring about 135.45 sq.m. in terms of Regulation 33(7) of DCR 1991 and Regulation 33 (7A) of DCPR 2034, FSI of 2.5 on the gross plot area or the FSI required for rehabilitation of existing tenants plus incentive FSI as specified in Appendix-III thereto (i.e. total 3 FSI) whichever is more is available on said plot which means that a construction of only approx. 406.35 sq. mtrs. may be permissible. In Redevelopment, each tenant is entitled to a minimum of 300 sq.ft. of area. Having regard to the size of plot and other norms applicable concerning compulsory open space, there is hardly scope for redevelopment by generating free-sale so as to recover cost of construction."

3.

He therefore submitted that having regard to the size of plot and other norms applicable concerning compulsory open space, there is hardly scope for redevelopment by generating free-sale so as to recover cost of construction. 4.

Learned AGP for the Respondent on the other hand pointed out that all this material which Mr. Khandeparkar now argued was not before the Joint Charity Commissioner when the impugned order came to be passed. Shri Khandeparkar fairly submitted that these aspects could not be placed for consideration before the Charity Commissioner and it is for the first time that all this is 2/4

brought on record. He would urge that in the interest of the Trust and considering the precarious financial position of the Trust, the Petitioner be granted an opportunity to file an additional afdavit bringing on record these aspects.

5.

Only with a view to give an opportunity to the Petitioner in the interest of the Trust, taking an over all view of the matter and considering the submission of learned counsel for the Petitioner that having regard to the size of the plot and other norms applicable concerning compulsory open space, there is hardly scope for redevelopment by generating free-sale so as to recover cost of construction, it would be in the interest of justice if the application is heard afresh by the Joint Charity Commissioner. Hence the following order :-

O R D E R

(i) The impugned order passed by the Joint Charity Commissioner-I dated 20.06.2018 is quashed and set aside.

(ii) The application be heard on its own merits afresh without being infuenced by the observations made in the impugned order or in this order as expeditiously as possible and preferably within a period of 16 weeks from today.

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(iii) The Petitioner to appear before the Joint Charity Commissioner on 02.02.2021 on which date the Petitioner undertakes to file an additional afdavit bringing on record the details in support of the application. 6.

The Writ Petition is disposed of.

7.

of this Court. All concerned will act on production by fax or email (M.S.KARNIK, J.) 4/4