The Charity Commissioner’s office in Mumbai has rejected an application seeking approval for the redevelopment of the historic Wilson High School property in Girgaon, ruling that the proposal did not meet the legal requirements laid down under the Maharashtra Public Trusts Act, 1950.
In an order issued on July 9, Joint Charity Commissioner Mahesh Balkrishna Lambe dismissed the application filed by the United Church of Northern India Trust Association (UCNITA) under Section 36(1)(a) of the Act.
The proposal, submitted by former Wilson College principal Dr Vishwas J. Sirwaiya on behalf of UCNITA, sought permission to redevelop the 3,824.45 sq m school property. Under the proposed arrangement, the developer would have retained the free-sale residential and commercial components of the project while constructing a new school building and paying Rs 35.50 crore to the trust.
Sirwaiya said he intends to challenge the order before the Bombay High Court. Highlighting the age of the structure, he said, “How many more years can it last? The school needs to be redeveloped. It is a wooden structure and has survived because of this. Concrete would not last for more than 60 years.”
In his ruling, the Joint Charity Commissioner observed that UCNITA failed to establish its legal entitlement to seek approval for the redevelopment. The order also noted that tenants and other occupants of the property were necessary parties to the proceedings, and their absence rendered the application legally defective.
The authority further held that the trust had not demonstrated a compelling need for redevelopment, failed to establish that the proposal was in the interest of the trust and its beneficiaries, and did not prove that the financial consideration reflected the property’s fair market value.
“The inadequacy of the consideration warrants rejection of the present application. The proposed alienation is likely to adversely affect, rather than advance, the interest, benefit and protection of the Trust and its beneficiaries. The applicant has, therefore, failed to satisfy the statutory requirements for grant of sanction under Section 36(1)(a) of the Trust Act,” the Joint Charity Commissioner said.
The order also questioned the transparency of the proposed transaction, including concerns over valuation, the tendering process and the overall benefit to the trust.
Church activist and Christian Reform United People Association (CRUPA) secretary Advocate Cyril Dara welcomed the decision, calling it a landmark ruling. “The order has given big relief to the Christian community because various Christian trusts have been disposing of church properties illegally.
“We hope that, in view of this landmark order, the Christian community and the church beneficiaries will now be able to put a stop to the illegal sale of church properties that are not in the interest of the church beneficiaries and congregation members,” Dara said.
“We wholeheartedly appreciate the Charity Commissioner’s office for delivering justice to the Christian community by rejecting the application seeking sanction for the redevelopment and sale of Wilson High School. Through this landmark order, even other church properties could be saved permanently,” he added.
Rejecting the allegations, Sirwaiya said, “These groups that are publicising the court order are lying. Even the Charity Commissioner’s office does not know about the trust. Let the High Court decide.”
Source: The Free Press Journal
