Bombay HC admit PIL on 3% contributions to be made by registered public trusts

Devendra Prakash Shah Vs State of Maharashtra (Bombay High Court)

1. We have heard Mr. P. B. Shah, learned advocate appearing in support of this writ petition.

2. Having read the averments made in the writ petition and the relief claimed therein, we are of the considered prima facie view that because of the lapse of time since institution of the public interest litigation and the intervening circumstances, the same may have worked itself out and that it may not be appropriate to make any direction as prayed for by the petitioners.

3. Be that as it may, bearing in mind that interim orders dated 27^th February 2008 and 25^th September 2009 have been passed in this writ petition and the same are subsisting even till this date, with the result that the State of Maharashtra has been precluded from issuing any notification specifying rates at which contributions have to be made by the registered public trusts in accordance with the provisions of section 58 of the Maharashtra Public Trusts Act, 1950, we would necessarily be tasked to consider the prayer of Mr. Kumbhakoni, learned Advocate General for the State of Maharashtra to vacate such orders.

4. However, before considering such prayer, we need to be presented with relevant facts and figures by the State of Maharashtra for facilitating contribution of the nature envisaged in section 58 of the Act. We, therefore, call upon the State of Maharashtra to place on record by way of an affidavit what would be the approximate quantum of contribution that could be received if each of the registered public trusts are required to pay contribution annually at the rate of 3% of the gross annual income, or gross annual collection or receipt, as per section 58 during the period 1.4.2010 till 31.3.2021. At the same time, the affidavit ought to also indicate the expenses incurred by the State to keep the office of the Charity Commissioner operational for rendering requisite services as contemplated in the Act, right from the date the order of injunction is operative. Let such affidavit be filed by 5^th August 2022; rejoinder thereto, if any, may be filed by 12^th August 2022.

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