The trustees have ostensibly sold the trust property to a builder through a Power of Attorney, thereby circumventing the mandatory provisions of the law u/s. 36(1)(a) of the Bombay Public Trust Act 1950. They have not taken the permission of the Charity Commissioner (CC) to redevlop the Trust property and gone ahead to make a proposal to the Building Proposal Department to redevlop the same.
By this ostensible sale the Trustees and the Builder are planning to siphon off approximately 60 – 75 crores from the Public Charitable Trust for personal gains by misdeclaration and undervaluation of the Trust Property in collusion with the officials from the CC’s and the Jt. CC’s offices.
The “Objects of the Trust” specifically states that the land has to be used to house only poor people of a particular community who qualify. Instead the Trustee (builder) has successfully evicted all the 31 poor tenants from the trust property. The vacated tenements were then transferred to the family members, relatives and friends of the builder and subsequently made tenants of the trust property. The Trustee (builder) has proposed to build luxurious 2 & 3 bedroom flats and intends to sell them at commercial rates in direct contravention of the law as well as the Objects of the trust.
Need a remedy to prevent the Trustees from executing their plans and pocketing 60-75 crores of Public money for personal gains.