2018 (14) SCC 761 ::(2018) 1 Mad LW 678 ::(2017) 13 Scale 44 ::2018 (131) ALR SOC 27 (SC) ::AIR 2017 SC (Supp) 462 ::(2018) 184 AllIndCas 162 (SC)

Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): Arun Mishra, Mohan M. Shantanagoudar , JJ

Bombay Public Trusts Act (29 of 1950) , S.36— Development-cum-sale transaction - Grant of sanction by Joint Charity Commissioner - Alienation of property of trust by way of private negotiations - Transaction was not bona fide, as it was joint venture-cum-sale and lease for 999 years amounted to sale - Commissioner not conducting enquiry envisaged u/S. 36 of Act - Non-publication of public notice in newspaper on ground that it was joint venture and development done by trustees themselves - Application under S. 36 not filed with clean hands - Misrepresentation as to actual transaction intended - Commissioner not taking into account actual nature of transaction and market value of property to be sold - Grant of sanction, illegal - Liable to be set aside. Writ Petition No. 2655 of 2007, D/- 4-2-2008 (Bom), Reversed.2007 (3) Bom CR 7, AIR 1986 SC 1158, AIR 2013 SC 523, Rel. on. (Para 31 32 33 35) .....