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Supreme Court of India 2022-07-21 partly_allowed

Khasgi (Devi Ahilyabai Holkar Charities) Trust, Indore & Anr vs Vipin Dhanaitkar & Ors

Bench: 3 — Abhay S. Oka

In Brief

The Supreme Court addressed a dispute over the Khasgi Trust, created under a 1962 deed to manage charitable endowments and properties formerly of the Indore State. The Court held that properties listed in the Trust Deed's Schedule Part 'B' belong to the Trust, not the State Government, following the 1948 Covenant settlement. The Khasgi Trust is a public trust under the 1951 Madhya Pradesh Public Trusts Act. While Trustees can alienate Trust property under a 1972 supplementary deed, they must obtain the Registrar's prior sanction under Section 14. The Collector's 2012 order declaring properties State property was invalid and passed without natural justice. The High Court's direction for Economic Offences Wing inquiry was unjustified. Appeals were partly allowed.

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Constitutional Law Trust Law Public Trusts Act Property Rights Administrative Law Natural Justice Fiduciary Duties

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