Quashed

Ambika Vidya Prasarak Mandal v. Charity Commissioner Maharashtra State Mumbai and Anr.

Bombay HC12 Dec 2007WP/5964/2007

Case brief

AI extract

What is this about?

The court quashed and set aside an order dismissing a petition for sanction under the BPT Act, citing the Charity Commissioner's failure to consider material regarding an impediment (high tension line) and the parties' willingness to transact, remitting the application for fresh consideration.

What did the court decide?

The impugned order is quashed and set aside. The application is remitted for fresh consideration by the Charity Commissioner.

Ambika Vidya Prasarak Mandal Vs Charity Commissioner Maharashtra State Mumbai and Anr. — Bombay HC (2007) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.5964 OF 2007

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Ambika Vidya Prasarak Mandal
through their Trustees.. Petitioner

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Versus

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Charity Commissioner Maharashtra
State, Mumbai and Anr... Respondents

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Ms.Gauri Jadhav for petitioner
Ms.V.S.Mhaispurkar, A.G.P. for Respondent No.1
Mr.V.M.Mali for respondent Nos. 2 and 3.
CORAM :S.C.DHARMADHIKARI, J.
DATE:12th December 2007
P.C.

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.Heard learned Counsel for parties.

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Perused the petition and the annexures thereto.
It appears that the learned Charity Commissioner
was to a great extent influenced by the fact that
the due to high tension line/tower passing
through the property, the same cannot be
developed, is not a compelling necessity.
Further, para 6 of the impugned order is also a

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factor influencing the decision of the Joint
Charity Commissioner dismissing the application
seeking his sanction under section 36(1)(a) of
the B.P.T. Act. Despite this impediment in the
way of the Trust and the existence of high
tension line/tower, the purchaser is present
before me on notice and both the Trust and the
purchaser state that they are willing to go
through the transaction. In such circumstances
and when the learned Charity Commissioner has not
adverted to the entire material with regard to
compelling necessity so also interest of the
Trust, it would be just, fair and proper to quash
and set aside the impugned order and remit the
application preferred by the Trust for fresh
consideration of the Charity Commissioner.
Accordingly, the impugned order is quashed and
set aside. Application under section 36(1)(a)
preferred by the petitioner shall be decided
afresh in accordance with law. Petition disposed
of.

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(S.C.Dharmadhikari, J)

Ambika Vidya Prasarak Mandal v. Charity Commissioner Maharashtra State Mumbai and Anr.

Case brief

What is this about?

What did the court decide?

Ambika Vidya Prasarak Mandal v. Charity Commissioner Maharashtra State Mumbai and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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