Assignment Problem By Tejashree Walawalkar

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Bombay High Court

Siddhivinayak Construction Pvt. ... vs Vikas Motiram Desai on 29 March, 2012

Bench: G. S. Godbole

wp11070.1332.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11070 OF 2011 1. Siddhivinayak Construction Pvt. Ltd. A company incorporated under the provisions of Companies Act, 1956, having its registered address at 3, Sarwamangal, College Lane, Dadar (West), Mumbai 400 028. 2. Sachin Khanolkar an adult, Indian inhabitant, having his address at 3, Sarwamangal, College Lane, Dadar (West), Mumbai 400 028. ... Petitioners. Versus 1. Vikas Motiram Desai 2. Geeta Digambar Patkar 3. Achyut Waman Tendulkar 4 Sunil Digambar Samant. 5 Tejashree Desai 6 Tapasya Karnad 7 Ashok R. Nerkar All adults, Indian inhabitants, trustees of the Late Rao Bahadur Anant Shivaji Desai Topiwala Charity, having their address at Kudaldeskar Brahman Niwas, Girgaum, Mumbai 400004. 8 Late Rao Bahadur Anant Shivaji Desai Topiwala Charity being a Public Trust registered under the provisions of the Bombay Public Trusts Act, 1950, under registration No. A/751 (Mumbai), having its address ::: Downloaded on - 09/06/2013 18:22:10 ::: wp11070.1332.sxw at Kudaldeskar Brahman Niwas, Girgaum, Mumbai 400 004. 9 Raunak Corporation A firm claiming to be a Partnership firm, having its address at Laxmi Narayan Residency, Unnathi Gardens III, Opposite Ma Niketan, Pokhran Road No. 2, Thane (West) 400 610. 10 The Charity Commissioner, Maharashtra, Mumbai A statutory officer, under the provisions of the Bombay Public Trusts Act, 1950, having his address at Annie Besant Road, Worli, Mumbai 400 018. ... Respondents. WITH WRIT PETITION NO. 1332 OF 2012 1. Sanjay Manohar Kastur, age-59 yrs. Occupation : Consultant 2 Pushpa Shrikant Kamat, age 58 yrs. Occupation : House wife. 3 Shankar Shrikant Patil, age-53 yrs. Occupation : Service. 4 Suresh Vasudeo Mahajan, age-61 yrs. Occupation : Business. 5 Pradeep Prabhakar Tendulkar, age 60 yrs. Occupation : Consultant. 6 Vipul Anil Thakur, age 34 yrs. Occupation : service. 7 Gokul Ganpat Samant, age 55 yrs. Occupation : Business 8 Vinayak Digamber Pandit, age 33 yrs. Occupation Nil 9 Ganesh Dattatray Desai, age 62 yrs. Occupation : Retired. ::: Downloaded on - 09/06/2013 18:22:10 ::: wp11070.1332.sxw All residing at various rooms in Kudal Deshkar Gaud Brahman Niwas, Jagannath Shankarshet road, Girgaon, Mumbai 400 004. ... Petitioners. Versus 1. Vikas Motiram Desai 2. Geeta Digambar Patkar 3. Achyut Waman Tendulkar 4 Sunil Digambar Samant. 5 Tejashree Desai 6 Tapasya Karnad 7 Ashok R. Nerkar All adults, Indian inhabitants, trustees of the Late Rao Bahadur Anant Shivaji Desai Topiwala Charity, having their address at Kudaldeskar Brahman Niwas, Girgaon, Mumbai 400004. 8 Late Rao Bahadur Anant Shivaji Desai Topiwala, Charity, a Public Trust registered under the provisions of the Bombay Public Trusts Act, 1950, under registration No. A/751 (Mumbai), having its office at Kudaldeskar Brahmin nivas, Jagannath Shankarseth Road, Girgaon, Mumbai 400 004. 9 Raunak Corporation, a Partnership firm, through its Partners - (i) Vijay Mody, (ii) Rajan Bandelkar, both adults, occupation-business having its address at Laxmi Narayan Residency, Unnati Garden No. 3, Opposite Mahaniketan, ::: Downloaded on - 09/06/2013 18:22:10 ::: wp11070.1332.sxw Pokhran Road No. 2, Thane (West) 400 610. 10 The Charity Commissioner, Maharashtra, Mumbai at Mumbai having his address at A. Besant Road, Worli, Mumbai 400 018. 11 State of Maharashtra having its office at Mantralaya, Mumbai 400 032. ... Respondents. ig WITH CIVIL APPLICATION NO. 382 OF 2012 IN WRIT PETITION NO. 11070 OF 2011 1. Siddhivinayak Construction Pvt. Ltd. A company incorporated under the provisions of Companies Act, 1956, having its registered address at 3, Sarwamangal, College Lane, Dadar (West), Mumbai 400 028. 2. Sachin Khanolkar an adult, Indian inhabitant, having his address at 3, Sarwamangal, College Lane, Dadar (West), Mumbai 400 028. ... Petitioners. Versus 1. Vikas Motiram Desai 2. Geeta Digambar Patkar 3. Achyut Waman Tendulkar 4 Sunil Digambar Samant. 5 Tejashree Desai 6 Tapasya Karnad 7 Ashok R. Nerkar All adults, Indian inhabitants, ::: Downloaded on - 09/06/2013 18:22:10 ::: wp11070.1332.sxw trustees of the Late Rao Bahadur Anant Shivaji Desai Topiwala Charity, having their address at Kudaldeskar Brahman Niwas, Girgaum, Mumbai 400004. 8 Late Rao Bahadur Anant Shivaji Desai Topiwala Charity being a Public Trust registered under the provisions of the Bombay Public Trusts Act, 1950, under registration No. A/751 (Mumbai), having its address at Kudaldeskar Brahman Niwas, Girgaum, Mumbai 400 004. 9 Raunak Corporation A firm claiming to be a Partnership firm, having its address at Laxmi Narayan Residency, Unnathi Gardens III, Opposite Ma Niketan, Pokhran Road No. 2, Thane (West) 400 610. 10 The Charity Commissioner, Maharashtra, Mumbai A statutory officer, under the provisions of the Bombay Public Trusts Act, 1950, having his address at Annie Besant Road, Worli, Mumbai 400 018. ... Respondents. And 1. Dattatraya Baburao Walawalkar Age - 56, Occupation: Service, residing at Room No. 8, Kudaldeshkar G. Brahman Niwas, J.S.S. Road, Girgaum, Mumbai 400 004. 2 Yashwant Shrikrishna Desai ::: Downloaded on - 09/06/2013 18:22:10 ::: wp11070.1332.sxw Age: 48, Occupation : service, residing at Room No. 83, Kudaldeshkar G. Brahman Niwas, J.S.S. Road, Girgaum, Mumbai 400 004. 3 Bhaskar Shivram Samant, Age : 67, Occupation : Service residing at Room No. 24, Kudaldeshkar G. Brahman Niwas, J.S.S Road, Girgaum, Mumbai 400 004. 4 Satish Gajanan Samant, Age 60, Occupation Service, residing at Room No. 57, Kudaldeshkar G. Brahman Niwas, J.S.S. Road, Girgaum, Mumbai 400 004. ... Applicants/- Intervenors. WITH CIVIL APPLICATION NO. 296 OF 2012 IN WRIT PETITION NO. 11070 OF 2011 1. Siddhivinayak Construction Pvt. Ltd. A company incorporated under the provisions of Companies Act, 1956, having its registered address at 3, Sarwamangal, College Lane, Dadar (West), Mumbai 400 028. 2. Sachin Khanolkar an adult, Indian inhabitant, having his address at 3, Sarwamangal, College Lane, Dadar (West), Mumbai 400 028. ... Petitioners. ::: Downloaded on - 09/06/2013 18:22:10 ::: wp11070.1332.sxw Versus 1. Vikas Motiram Desai 2. Geeta Digambar Patkar 3. Achyut Waman Tendulkar 4 Sunil Digambar Samant. 5 Tejashree Desai 6 Tapasya Karnad 7 Ashok R. Nerkar All adults, Indian inhabitants, trustees of the Late Rao Bahadur Anant Shivaji Desai Topiwala Charity, having their address at Kudaldeskar Brahman Niwas, Girgaum, Mumbai 400004. 8 Late Rao Bahadur Anant Shivaji Desai Topiwala Charity being a Public Trust registered under the provisions of the Bombay Public Trusts Act, 1950, under registration No. A/751 (Mumbai), having its address at Kudaldeskar Brahman Niwas, Girgaum, Mumbai 400 004. 9 Raunak Corporation A firm claiming to be a Partnership firm, having its address at Laxmi Narayan Residency, Unnathi Gardens III, Opposite Ma Niketan, Pokhran Road No. 2, Thane (West) 400 610. 10 The Charity Commissioner, Maharashtra, Mumbai A statutory officer, under the provisions of the Bombay Public Trusts Act, 1950, having his address at Annie Besant Road, Worli, Mumbai 400 018. ... Respondents. ::: Downloaded on - 09/06/2013 18:22:10 ::: wp11070.1332.sxw And 1. Satish Narsinh Joshi Indian Hindu Inhabitant Age 57 yrs., Room No. 12, 1st floor, building No. 145 B, Chawl No. 1, Kbgd Niwas, Jagannath Shankarseth Road, Girgaum, Mumbai 400 004. 2 Mrs. Aditi Avadhoot Gawankar Nee. Deepali Narhari Patkar Indian Hindu Inhabitant Age 37 years, at present residing at Room No. 43, 1st floor, Building No. 145-147, Chawl No. 5, Kbgd Niwas, Jagannath Shankarseth Road, Girgaum, Mumbai 400 004. ... Applicants/ Intervenors. --- Mr. V.A. Thorat, Sr. Advocate with Mr. C.S. Kapadia with Mr. Sanjay Jain, Mr. I.J. Nankani & Mr. H.S. Khokawala i/b. M/s. Nankani & Associates, Advocate for the Petitioners in WP No. 11070/2011. Mr. Prashant Karande, Advocate for Petitioners in WP No. 1332/12. Dr. Veerendra Tulzapurkar, Sr. Advocate a/w. Mr. Snehal K. Shah, Mr. Ramachandran N., Mr. Ashutosh Gavnekar & Mr. Chirag Dave i/b. Narayanan & Narayanan, Advocate for Respondent Nos. 1 to 8. Mr. R.S. Datar, i/b. Mr. N. Raja, Advocate for Respondent No. 9. ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw Mr. R.M. Patne, AGP for Respondent No. 10 in both matters. Mr. Mayur Khandeparkar with Ms. Sakruta Chimalkar, Advocate for Intervenors in CA 296/2012. Mr. Rajiv Patil i/b. Mr. Harshad Bhadbhade, Advocate for intervenors in CA 382/2012. --- CORAM : G.S. GODBOLE, J ig RESERVED ON : MARCH 13, 2012. PRONOUNCED ON : MARCH 29, 2012. JUDGMENT :

1 Heard Mr. V.A. Thorat, learned Sr. Advocate for the Petitioners in WP No. 11070/11, Dr. Virendra Tulzapurkar, learned Sr. Advocate for Respondent Nos. 1 to 8 in the said Petition, Mr. R.M. Patne, learned AGP for Respondent No. 10, Mr. Datar, Advocate for Respondent No. 9, Mr. Rajiv Patil, Advocate for Applicant in Civil Application No. 382 of 2012, Mr. Khandeparkar, Advocate for Applicants in Civil Application No. 296 of 2012.

2 Both the Writ Petitions have been filed for challenging the Judgment and Order dated 2/9/2011 passed by the learned Charity Commissioner, M.S. Mumbai in Application ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw No. J-4/65 of 2011 in proceedings under Section 36(1)(a) of the Bombay Public Trust Act, 1950 (hereinafter referred to as "the said Act."). By the impugned order the Charity Commissioner has accorded sanction to the trustees of "The Late Rao Bahadur Anant Shivaji Desai Topiwalla Charity, Mumbai" for the sale of the trust property admeasuring 3343.57 sq. mtrs. together with the structure known as "Kudaldeshkar Brahmin Niwas", in favour of M/s. Raunak Corporation for monetary consideration of Rs. Six Crores alongwith developed area of 4000 sq. ft. built up to be given to the trust, free of costs, and minimum 460 sq. ft useable carpet area including flower beds, niches and service ducts to the tenants, free of costs, in terms of the Memorandum of Understanding dated 23/5/2011.

3 Writ Petition No. 11070 of 2011 is filed by a private limited company which claims to be engaged into the business of builder and developer and also claims to have submitted voluntary offer on 2 occasions to the trustees of the trust for getting the rights of redevelopment of the trust property.

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wp11070.1332.sxw 4 Writ Petition No. 1332 of 2012 is filed by 9 persons who claim to be the beneficiaries of the trust and also claim to be the tenants of the various tenements in the buildings of the trust.

5 Civil Application No. 382 of 2012 has been filed by 4 persons who also claim to be the beneficiaries of the trust and tenants/occupants of the buildings of the trust. The Applicants in this Civil Application are essentially opposing the Writ Petitions and supporting the order of the Charity Commissioner. On the other hand, Civil Application No. 296 of 2012 has been filed by 2 persons who also claim to be the beneficiaries of the trust and tenants of the building owned by the trust.

6 Pleadings in the Writ Petition No. 11070 of 2011 and 2 Civil Applications are complete and in terms of the Order dated 27/1/2012 the parties in Writ Petition No. 11070 of 2011 were put to notice that the Petition will be disposed of finally instead of formally admitting the Writ Petition. Writ Petition No. 1332 of 2012 has been filed thereafter and since the ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw subject matter of the dispute is same, with the consent of the respective Advocates even that Petition is taken up for hearing with Writ Petition No. 11070 of 2011 and is being heard and disposed of though formal notice for final disposal had not been issued in the said Writ Petition.

7

Rule. Rule made returnable forthwith and heard by consent of the parties. Respective Advocates for the Respondents waive service of rule.

ADMITTED FACTS :

8 (a) Property in question is owned by the aforesaid trust. The buildings are constructed prior to 1925 and are therefore categorised as "A" cessed building under the provisions of the Maharashtra Housing and Area Development Act, 1976.

(b) Various tenements in the said buildings have been let out to individual tenants and most of the tenants belong to the same community namely Kudaldeshkar Adya Gaud Brahmin Community. Certain premises from the buildings are in ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw possession of the trust and the said premises were being used for charitable activities of the trust.

(c) All parties are ad-idem that the buildings of the trust have now become old and require redevelopment by demolition of the buildings and constructing new building. It is also undisputed that this redevelopment will require cooperation of the tenants/occupants of the buildings.

Redevelopment will be governed by the provisions of Regulation No. 33(7) of the Development Control Regulations for Greater Mumbai.

(d) No advertisement was issued by the trustees inviting any application from interested builders/developers who desire to undertake the work of redevelopment. Even before the Charity Commissioner, the Application was filed for dispensing with issuance of public notice. Even the Charity Commissioner did not direct issuance of public notice or advertisement inviting proposals from interested developers/builders nor did the Charity Commissioner issue any notice to the other 3 developers from whom quotations/offers had been taken by the trustees of the trust.

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wp11070.1332.sxw SUBMISSIONS OF ADVOCATES :

9 Mr. V.A. Thorat, Learned Sr. Advocate advanced following submissions :

(a) Development of property of a trust is a matter which falls in the domain of Public Law. The trustees of a public trust are guardians of the properties of the trust and while disposing of such properties they must make every endevour to ensure that the highest price is received by the trust.

(b) He submitted that the only reason given by the trustees for not issuing advertisement and inviting bids was the alleged apprehension of the tenants that non-Maharashtrian developers may cheat the tenants and the alleged intention of the tenants that only some Maharashtrian developer should be appointed. He submitted that such a concept of having only Maharashtrian developer was not only vague but also obnoxious, that every person staying in Maharashtra is Maharashtrian and, therefore, the reason given for not issuing advertisement is a complete eye wash. He invited my attention to the averments in paragraph-6 and 10 of the Application filed by the trustees and submitted that the reasons ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw given for dispensing with the public notice are completely false. According to him, in any case, one partner of M/s.

Raunak Corporation is not a person of Maharashtrian origin.

(c) He submitted that the alleged 4 offers of 4 developers were curiously received within a span of 5 days from 20/4/2011 to 24/4/2011 and thereafter even without obtaining a valuation report a Memorandum of Understanding was executed on 23/5/2011. Thereafter valuation report dated 7/6/2011 was obtained.

(d) He submitted that the Petitioner had given a voluntary offer on 29/10/2010 (page-48) and had thereafter submitted a revised/second offer on 3/11/2011 which specifically refers to the first offer. He submitted that there was no response to the first offer and the Petitioner was completely kept in dark. He submitted that no notice was issued even by the Charity Commissioner. Petitioner could not take part in the proceedings and make an offer before the Charity Commissioner. He submitted that entire action is vitiated by malafides. It was a predetermined action. He submitted that the valuation report was also defective as the Valuer has not ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw taken into consideration the available FSI and potential FSI in case of a redevelopment under DCR 33(7).

(e) He submitted that the reasons given by the Charity Commissioner for accepting request of dispensing with the public notice are also erroneous.

10. Advocate Mr. Karande, for the Petitioner in Writ Petition No. 1332 of 2012 apart from adopting submissions of Advocate Mr. Thorat, advanced following submissions :

(a) Relying on clauses 26 to 31 A of the Constitution of Trust he submitted that the learned Charity Commissioner has ignored the principle of interest of the beneficiaries and has not applied the mind to the scheme of the trust and objectives of the trust. He submitted that no reasoning has been given by the Charity Commissioner as to how the objects of the trust will be fulfilled. He submitted that there is a complete lack of transparency in the actions of the trustees. He relied upon the roznama of the proceedings before the Charity Commissioner and pointed out that the Application was filed on 21/6/2011.

It was thereafter taken on board on 2/8/2011 and time was taken to file the consents of the tenants. He submitted that the ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw consents of all the tenants are not filed and the consents of only about 25 persons which were obtained in a hurry were filed and the hearing took place on 10th August, 2011. On the same day, the hearing was concluded and the proceedings were closed for orders and were adjourned to 24/8/2011 and thereafter the impugned order is passed on 2/9/2011. He submitted that the Charity Commissioner has not exercised his functions and duties as guardian of charities. He submitted that the entire proceedings before the Charity Commissioner were decided in great hurry. No public notice was issued nor any notice was given to the tenants.

(b) Mr. Karande relied upon the Judgment of the Full Bench in the case of Sailesh Developers & Anr. vs. Joint Charity Commissioner & ors.1 and contended that the law laid down in this Judgment is being completely ignored by the Charity Commissioner.

11 Mr. Khandeparkar, Advocate for the Applicants in Civil Application No. 296 of 2012 supported the submissions of the 1 2007(3) Mh. L.J. 717 ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw Advocate Mr. V.A. Thorat and Advocate Mr. Karande and advanced following submissions:

(a) He pointed out that the MOU was executed even prior to obtaining valuation report which shows predetermined action of the trustees in collusion with Raunak Corporation.

(b) He submitted that there was no reasonable basis for arriving at the conclusion that the consideration of Rs. Six Crores was the best possible consideration which could be fetched by the trust.

(c) He submitted that the offer of Raunak Corporation was misleading, since in the offer it was offered that minimum usable carpet area to the residential tenant would be 450 sq. ft. whereas no such provision is made in the MOU. He submitted that for redevelopment project under DCR 33(7), guidelines have been issued by the Government and the tenancies have to be considered with the relevant date of the year 1996.

(d) He submitted that nobody has examined and verified whether the so-called consents of the tenants which were produced before the Charity Commissioner are consents given ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw by the actual tenants or persons who are held to be eligible as tenants.

12 Dr. Tuljapurkar, learned Sr. Advocate for the Respondent Nos. 1 to 8 advanced the following submissions :

(a) The argument of Mr. Karande regarding consents of tenants and legitimacy of consents of the tenants etc. are not relevant, and the enquiry has to be restricted only in respect of the matters which are germane to proceedings under section 36 of the Act.

(b) Petitioner in Writ Petition No. 11070 of 2011 is a private developer. It was not a party to the proceedings before the Charity Commissioner. The Petitioner had never submitted a bid prior to the application made by the trustees. Therefore, the Petitioner has no locus standi to file and prosecute the Writ Petition.

(c) Dr. Tuljapurkar submitted that the trust had never received the so called offer of the Petitioner submitted on 29/10/2010. He invited my attention to paragraph-19 of the Affidavit of Vikas M. Desai which specifically denies receipt of offer letter dated 29/10/2010. He submitted that unless the ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw Court is in a position to reach a conclusion that the price offered by the developer chosen by the trustees is so low that it shocks conscience of the Court or unless it was found that the valuation report was incorrect, the High Court has no jurisdiction to interfere in the matter. He submitted that there are discrepancies in the statement made in the Petition and in the letter dated 3rd November, 2011 and that there is no reference of prior discussion in the Writ Petition whereas the letter makes reference of alleged prior discussion.

(d) He submitted that giving of advertisement is not a must and whether in a given case advertisement was necessary or not depends on the facts of that case. Due publicity will be necessary only in case of outright sale but in the facts of the case like present one where it is a case of development followed by sale, the provisions of Maharashtra Ownership Flats Act, 1963 are attracted and trustees become promoters and this situation warrants the trustees to select only that developer in whom they have confidence in as much as his action and inaction may result in civil/criminal consequences.

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(e) He submitted that the proposal of the Respondent No. 9 was not accepted immediately and time of one month had elapsed in between so that the Respondent No. 9 can show that he has won the confidence of the tenants and only after the Respondent No. 9 was able to convince the trustees that majority of tenants have confidence in Respondent No. 9; the proposal was accepted. Relying on paragraphs 8 to 10 of the Affidavit in Reply filed by the Respondent Nos. 1 to 8 it was submitted that Respondent No. 9 was selected as it was thought that would be able to deal with the 122 tenants and the work of development will go on smoothly.

(f) He submitted that the non giving of advertisements or inviting offers by the trustees or by the Charity Commissioner cannot be fatal to the decision unless it can be shown that the offer sanctioned by the Charity Commissioner is so low that it cannot be considered to be beneficial to the Trust. It is submitted that the object of ordering advertisements is not to arrange a swayamwar but to ascertain true price if there is a doubt about the price offered by the developer or the purchaser.

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(g) He submitted that in the present case, there cannot be any doubt in as much as an independent Valuer's Report was submitted to the Charity Commissioner. It was submitted that except for the ipsi dixit of the Petitioners that the Valuation Report is not correct, no material is produced to show that the valuation made by the Valuer is wrong. It was submitted that no other Valuation Report is procured or produced before this Hon'ble Court to show that the price offered by Respondent No. 9 is so low that it cannot be considered to be beneficial to the Trust. It was submitted that the challenge to the valuation report is baseless and since no other valuation report was produced this Court should not disregard the valuation done by the approved valuer.

(h) It is therefore submitted that there is no sustainable challenge to the sanction granted by the Charity Commissioner. It is submitted that the entire material on record clearly shows that the Charity Commissioner properly applied his mind before granting sanction.

13 Mr. Datar, Advocate appearing for the Respondent No. 9 developer advanced following submissions :

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(a) It was pointed out that the building in question was a cessed building and redevelopment is allowed under DCR 33(7) which contemplated consent of atleast 70 per cent tenants/occupants for the redevelopment. He submitted that out of 122 tenants/occupants 92 representing more than 70 per cent have executed MOUs with Respondent No. 9 reposing confidence in the ability of Respondent No. 9 and giving consent for redevelopment by the Respondent No. 9. He submitted that the consent of the tenants is essential for the ultimate development and unless such consent is obtained, nobody can redevelop the property. He submitted that since more than 70 percent tenants have accepted the Respondent No. 9 as developer, this Court should not interfere in its jurisdiction under Article 226 or 227 of the Constitution of India, particularly when the necessity of redevelopment is admitted by all the parties and and the said necessity is to be fulfilled by the trustees. He submitted that the interest of the tenants was of paramount importance as most of the tenants/occupants were the beneficiaries of the trust and hence, the trustees had a right to ensure that the best interest ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw of the tenants/occupants is achieved.

(b) He submitted that even prior to the filing of the Petition a development agreement has been executed and registered on 22/11/2011, sum of Rs. One Crore from out of the total agreed consideration payable to the trust has been paid to the trust by Respondent No. 9. A huge amount of stamp duty of Rs.

64,84,300/- has been deposited. In short it was submitted that the Respondent No. 9 has acted on the sanction and has changed his position to such an extent that it was now an irreversible situation.

(c) It was submitted that in project like the present project of redevelopment of dilapidated/old buildings, the Judgment of Full Bench in the case of Shailesh Developer (supra) cannot be applied and in such cases the trustees had a very wide discretion and the discretion exercised by the trustees cannot be interfered with unless malafides are specifically proved and unless it is shown that the actions of the trustees have caused loss to the trust.

(d) He submitted that apart from the consideration of Rs. 6 Crores to be paid to the trust, the Respondent No. 9 was also ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw obliged to pay corpus fund to the Society of occupants of the new building to take care of enhanced Municipal taxes and was offering a constructed area of 4000 sq. ft. to trust which was free of cost and the market value of which will be not less than Rs. 10 Crores. He submitted that the offer given by the Petitioner in Writ Petition No. 11070 of 2011 was less as compared to the total price offered by the Respondent No. 9.

14 Mr. H. Bhadbhade, Advocate for the Intervenors/ Applicants in Civil Application No. 381 of 2012 strongly opposes the Petition. Apart from adopting submissions of Dr. Tulzapurkar and Advocate Datar, he submitted that most of the tenants have faith in the ability of Respondent No. 9. They have personally visited project of Respondent No. 9 and even if the Petitioner offers a higher consideration to the tenants, the tenants are not ready to go with the Petitioner as a developer.

He submitted that with a view to avoid further delay, this Court should not interfere. He also submitted that the offer of the Petitioner does not match the offer of Respondent No. 9 as the Petitioner has not offered any constructed area to the trust. He submitted that the Petitioner has been blacklisted by ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw the MHADA Authorities for various illegalities committed by the Petitioner and in such a situation, this Court should not entertain the Petition at the instance of the Petitioner.

15 Mr. V.A. Thorat, learned Sr. Advocate for the Petitioner in WP No. 11070 of 2011 advanced following submissions in rejoinder :

(a) Respondents No. 1 to 8 ("the Trust") have created a make believe situation of inviting offers. The alleged offers are all dated within 4 days of each other 21.4.2011 to 24.4.2011;

similar in language and contents; two of them are not even on letter heads and don't have phone numbers. The process of accepting offer of Respondent No. 9 is couched in secrecy and is suspicious, arbitrary and illegal.

(b) The Trust without making independent inquiries has accepted offer of Respondent No. 9 on 26.4.2011. The valuation report is procured much later only with a view to mislead and misguide the Charity Commissioner.

(c) It is pertinent to note that Trust property has been valued above Rs.12 crores as per Stampduty Ready Reckoner.

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(d) "Maharashtrian Developer" would mean any developer who is a resident of Maharashtra. In any event no such category is recognised by the Bombay Public Trusts Act, 1950.

One of the partners of Respondent No. 9(Mr. Vijay Mody) is in fact not of Marathi descent, as alleged and portrayed by the Trust.

(e) Petitioners' offer dated 29.10.2010 was duly received by the Trust, but was neither considered by it nor disclosed to the tenants. Reference to the said offer dated 29.10.2010 is made in Petitioners' letter dated 7.11.2011. The Trust has not denied receipt of the letter even after receipt of Petitioners' letter dated 07.11.2011.

(f) Immediately on receipt of letter dated 7.11.2011, the Trust and Respondent No. 9 hurriedly executed the Development Agreement on 22.11.2011. Neither the Trust nor Respondent No. 9 can claim any equities for actions post 7.11.2011 or in any event post the interim order dated 20.12.2011 passed by this Court.

(g) The record of the Charity Commissioner reflects that alongwith the application filed on 21.6.2011 no consent of any ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw tenant was filed. Hearing is stated to be held on 02.08.2011 and adjourned for producing consents to 10.8.2011. On 10.8.2011 some so called consents are produced out of which several are signed by Respondent Nos. 1 to 8.

(h) The Charity Commissioner has not made any inquiry as required and merely accepted the stand of the Trust and Respondent No. 9. Except the Trust and Respondent No. 9 no one else is either party to the proceedings, nor given notice of proceedings.

(i) The Charity Commissioner has not issued notices even to the so called other 3 offerers.

(j) Since the Petitioners had no notice of proceedings they could not place their offer before the Charity Commissioner.

The Petitioners therefore have locus to bring the facts to the notice of this Hon'ble Court. The Petitioners have deposited Rs.2 crores to show their bonafides as against Respondent No. 9 who has paid only Rs. 1 crore to the Trust.

(k) The reasons given for dispensing with public notice are without any basis. In view of the fact the Trust property is akin to public property, it has to be alienated/sold by way of a ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw public auction only after inviting offers from public by way of public notice. Reliance was placed on the Judgment of Chenchu Ram Reddy v/s. Government of Andhra Pradesh2 , Sailesh Developers & ors. (supra) and Yafa Jacob Simon & Anr.

v/s. The Joint Charity Commissioner & ors. (Bombay High Court Writ Petition No. 7233 of 2011).

(l) Whether an outright sale or alienation of development rights, both are transfer of rights of trust in immovable property attracting S. 36 of BPT Act. Hence no distinction can be drawn on the basis that what the Trust has granted is only development rights.

(m) The Trust is an occupant of several premises on the Trust property. Hence, under Development Control regulation 33(7) the Trust is entitled to minimum of 330 square feet carpet area or the area equivalent to each of the premises occupied by it, as per certification of the competent authority.

The Petitioners have offered to every occupant, including the Trust an area which is more by atleast 25% of the entitlement of every occupant. Thus as per even Petitioners' offer the 2 AIR 1986 SC 1158 ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw Trust would be entitled to about 4000 square feet built up area.

CONSIDERATION OF SUBMISSIONS :

16 Section 36 of the BPT Act is a unique provision which confers power on the Charity Commissioner either to grant or refuse sanction for a particular sale/alienation of the property of a public trust. The proceedings under Section 36 are not in the nature of a lis or contest between the parties for adjudication of contesting claims. The Charity Commissioner is required to ensure that the transfer/alienation is in the interest of and for the benefit of the trust. Unless and until the satisfaction of the Charity Commissioner in respect of two crucial aspects is reached namely (1) the need for alienation and (2) the adequacy of price for alienation; the Charity Commissioner cannot grant sanction. The Charity Commissioner is expected to act as a guardian of charities and as such guardian, the Charity Commissioner is expected to take into consideration all the relevant factors which are germane to an enquiry regarding the adequacy of consideration and the benefit to the trust. In that context the enquiry by the Charity ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw Commissioner is a quasi judicial enquiry and before granting sanction the Charity Commissioner has to bear in mind the interest, benefits and protection of the trust.

17 The property of a public trust is not the private property of the trustees and cannot be dealt with or disposed of as a private property. The property is held by the trustees only for the benefit of the beneficiaries of the trust and thus the trustees act in a fiduciary capacity. The trust property is not the personal property of the trustees and as a custodian of public trust the Charity Commissioner is enjoined to ensure that the trust property is not alienated unless the alienation is in the interest of the trust and the Charity Commissioner is also enjoined to ensure that nothing less than the full market price of the property is received by the trust. The power to issue lawful direction under Section 36 is very wide. Section 36 itself puts fetters on the powers of the trustees and the Charity Commissioner being the guardian of the trust has to supervise and monitor the activity of alienation of the trust property.

Since a large number of members of public are beneficiaries of the trust, the property of the trust partakes the character of a ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw public property. The law in respect of scope of power under Section 36 is well established by various Judgments of this Court including Full Bench Judgment to which reference would be made in due course. In deciding the controversy involved in the present Petition, this Court must have due regard to the law laid down by this Court and the Supreme Court.

EXISTENCE OF COMPELLING NECESSITY FOR ALIENATION:

18 In the facts of the present case none of the parties have disputed the need of redevelopment of the trust property by demolition of the old buildings and construction of a new building in its place. In fact the need to alienate the trust property is not seriously disputed. A perusal of the impugned Judgment shows that the Charity Commissioner was conscious of the fact that the buildings of the trust are very old. The Charity Commissioner has framed point No. 1 about compelling necessity for development and in paragraph-11 of the impugned Judgment, the Charity Commissioner has held thus :

::: Downloaded on - 09/06/2013 18:22:11 :::
wp11070.1332.sxw "The trustees are being duly bound to see the preliminary objects may be safeguarded, have proposed to develop the trust property which is very old. Infact one of the structures was required to be pulled down. It is brought to my notice that all the trust buildings are constructed prior to 80 years and there are 122 tenants residing in the property in question, majority of which belongs to 'The Kudal Deshastha Gaud Brahmin Community'."

In the same paragraph, it is further held as under :

"It appears from the audited statements of accounts filed on record that trust is not earning any income from the aforesaid property and that annual rent of Rs.3.00 lakhs received from the tenants is required to be spent equally on expenses towards taxes, repairs and maintenance of the property. According to the applicants, the structures were constructed in the property in the year 1925 or thereabout.
The property is in dilapidated condition. The trustees have passed resolution in their meeting held on 22-03-2011 (Exh. 9) for the re-development of the property. It is clear from the affidavit of the applicant No. 4 (Exh.2) which is in support of the application that property is in dilapidated condition and the trust is not receiving any income from the said property. In view of the aforesaid facts, I am of the opinion that there is compelling necessity to re-develop the property."

This finding of the Charity Commissioner is not challenged by any of the Petitioners. It is not shown that this finding is in any way contrary to the factual situation. The trust is getting meger income from the trust property and considering the age of the buildings it is but natural that a substantial amount is ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw required to be spent for maintaining those. At present the trust property is not fetching any positive income. In view of this I see no difficulty in upholding the first finding of the Charity Commissioner about compelling necessity.

LOCUS STANDI OF THE PETITIONERS :

19

This takes me to the next crucial issue about the locus standi of Petitioners in Writ Petition No. 11070 of 2011. Dr. Tulzapurkar strongly urged that the Petitioners in this Petition had never been approached by the trustees, they had never submitted any bid for redevelopment prior to the passing of the impugned order nor were they present before the Charity Commissioner and they being complete strangers to the entire trust and not even claiming to be the beneficiaries have no locus standi to file and prosecute the Petition. However, in so far as the Petitioners in Writ Petition No. 1332 of 2012 are concerned, the fact that they are tenants and beneficiaries of the trust was not seriously disputed.

20 In this context it is necessary to note that both the Petitions are being heard together, several challenges in both ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw the Petitions are identical and overlapping and the Petitioners in Writ Petition No. 11070 of 2011 cannot be held not to have locus standi. If the trustees were to follow a transparent procedure of issuing advertisement in widely circulated newspapers inviting bids from intended developers and if after following such a transparent procedure certain developer had not submitted bid at all or had not appeared before the Charity Commissioner at all, in such a case the question of locus standi of such person who has never responded to the invitation to bid issued by the trustees can be questioned. In the present case the Respondent Nos. 1 to 8 have admittedly not issued any public advertisement. They have admittedly not invited any private offers by writing to various developers. Even in the proceedings before the Charity Commissioner, the Charity Commissioner has not directed the trustees to publish any advertisement or to invite any bids. The entire process has been completed in a hush hush manner behind the closed curtains. The Petitioners in Writ Petition No. 11070 of 2011 claim that they had submitted a voluntary offer on 29/10/2010. According to them, this offer was handed over to ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw the trustees. It is true that there is no acknowledgment of this offer available on record. However, the subsequent letter of offer dated 3/11/2011, which is admittedly received by the trustees on 4/11/2011, refers to the earlier offer letter dated 29/10/2010. The trustees have not chosen to send any reply to this subsequent offer letter dated 3/11/2011. If the trustees had indeed never received earlier offer letter dated 29/10/2010, nothing prevented the trustees from immediately informing the Petitioners that they had never received the offer dated 29/10/2010. This is admittedly not done. I am conscious of the fact that in respect of the service of the letter of offer dated 29/10/2010 there is a word against word and there is no acknowledgment of that letter. However, silence of the trustees after receiving the second offer letter dated 3/11/2011 speaks volumes. I need not dilate more on this aspect for one more reason.

21 Once it is well established that the character of the trust property is like a public property, if public property is sought to be developed and alienated in a clandestine manner without giving adequate publicity and in the present case without ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw giving any publicity whatsoever, a person who claims to be interested in undertaking the work of development of a public property or purchasing a public property will always have locus standi to challenge alienation of the public property which has been done without notice to the general public. In the present case, precisely for this reason I am of the opinion that it does not lie in the mouth of the trustees to contend that the Petitioners in Writ Petition No. 11070 of 2011 do not have locus standi to maintain petition.

22 In this regard, I wish to quote observations of the Full Bench in the case of Shailesh Developers (Supra) in paragraph-29 which reads :

"29. The second question referred to the Full Bench for decision is regarding locus standi of a person who appears before the Charity Commissioner and offers his bid to challenge the order passed by the Charity Commissioner. The trustees and persons having an interest in the Trust can always challenge the order. We have already held that the proceeding under Section 36 of the said Act before the learned Charity Commissioner is a judicial proceeding. The Apex Court has held that a trust property is on par with a public property so far as its sale or transfer is concerned. It is, therefore, very difficult to say that such a person who appears before the Charity Commissioner and offers his bid has no locus standi to challenge the final order passed by ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw the Charity Commissioner. Such a person will certainly have locus standi to file the petition under Articles 226 and 227 of The Constitution of India for challenging the final order passed under Section 36 of the said Act. However, the scope of challenge will be naturally limited. Such a person will be in a position of a bidder challenging the auction or tender process of sale of a public property. The challenge by such a person to the order will be limited to the decision making process of the Charity Commissioner. In the case of A.R. Khan Construwell the Division Bench has rightly held that after the decision in the case of Arunodaya Prefab, the concept of locus standi has been expanded."

In my opinion therefore even the Petitioner in Writ Petition No. 11070 of 2011 have locus standi to file and prosecute the present Petition.

NEED FOR PUBLISHING ADVERTISEMENT AND TRANSPARANCY OF PROCEDURE FOLLOWED BY THE TRUSTEES AND THE CHARITY COMMISSIONER.

23 It is now necessary to consider whether the procedure followed by the trustees is transparent and whether the procedure inspires confidence. It is an admitted position that the trustees have not issued any advertisement and it is also not their case that they had invited bids from reputed developers involved in the work of reconstruction and development of old buildings. The property is situated in the ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw heart of South Mumbai and is a very valuable property. Any trustee who desires to redevelop the property for the benefit of the trust will invariably have strong desire that the trust property should fetch best price. Mumbai is a Metropolitan city and many important and widely circulated English and Marathi newspapers are published from Mumbai. Only reason given by the trustees for not issuing any advertisement is to be found in the Application under Section 36 and the said averments make interesting reading. The averments in the Application which are relevant are quoted hereinbelow :

"6) The applicants most respectfully submit that the trustees from time to time had passed resolutions for development of the aforesaid property, as all the buildings are in dilapidated conditions far away from getting it repaired. Since, there are about 122 tenants residing in the trust property who are most the community people.

The trustees are duty bound to see their welfare. The applicants further submit that the trustees had expressed their intention of re-developing the property to the tenants and in several meetings held between the tenants the trustees, the tenants had expressed their apprehension that non Maharashtrian developers may cheat them and therefore they requested the trustees to have some Maharashtrian developers who will keep their promises and shall not make breach of the permissions which shall be granted for development of the trust property by adding additional construction etc. The tenants also apprehended that as per the current position, the developers are constructing the buildings in breach of various conditions ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw mentioned in the development permissions, and therefore, they had unanimously informed the trustees and requested the trustees to have Maharashtrian developers so that they will cooperate with the trust in the development work which shall be undertaken by the trust. ......The applicants submit that considering the wishes of the tenants in the trust property, the trustees since year 1995 were considering the proposal of development, as the time progressed the conditions of buildings were going from bad to worse. The trustees had also asked the tenants who are the beneficiaries being the community members of Kudal Deshasta Gaud Brahmin community, as per the objects of the present trust. The applicants submit that the trustees also made great efforts to search for suitable developer for development cum sale of the trust property by knocking the doors of various developers. After prolong search, the trustees were successful in getting offers from following Maharashtrian developers having very sound and strong footing in the field of re-development work. The trustees were successful in receiving four offers which are as under :"

7) The applicants submit that the aforesaid offers received by the trust were opened by the trustees in their meeting held on 26.4.2011. After perusing the offers received from the above developers, the trustees found the offer received from M/s. Raunak Corporation as more higher than the other offers received by them. The applicants submit that since the tenants had requested to have Maharashtrian developers, the trustees had already made their investigation by personally meeting the developers, not only that but visiting the sites which are under construction by such offerers and after looking at their strong financial position, the trustees were of the opinion that the offer received from M/s. Raunak Corporation is more beneficial to the interest of their trust, as M/s. Raunak Corporation has offered monetary consideration of Rs.6 crores and also have offered to give 4000 sq. ft. area fully developed to their trust which can be utilized for carrying out various objects of their trust. The ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw applicants further submit that the trustees also found that the tenants who are also prima facie happy and comfortable with the offerer viz. M/s. Raunak Construction, who has offered a minimum area of 460 sq. ft. carpet to the tenants and further promised to pay such corpus fund to their tenant society after the development of the property for meeting the additional taxes which shall be levied by the Brahunmumbai Mahanagarpalika on them. The trustees considering all the above factors were of the opinion that the offer received from M/s. Raunak Corporation is in the best interest of the trust and therefore unanimously decided to accept the offer received from M/s.

Raunak Corporation in their meeting held on 26.4.2011 and further decided to enter into Memorandum of Understanding which they have entered with the developer viz. M/s. Raunak Corporation vide Memorandum of Understanding dt. 23.5.2011.

8) The applicants further submit that in order to determine what is the market value of the property, they have obtained valuation report from M/s. Shah Consultants and Govt. approved valuer Government approved valuer who have assessed the property to the tune of Rs.5,10,23,000/-. The trustees keeping the market price of the property had absolutely no hesitation in accepting the offer received from M/s. Raunak Corporation as bonafie offer received by the trust. The trustees also found that the tenants have shown their faith in M/s. Raunak Corporation who had also visited the site developed by M/s. Raunak Corporation. The trustees have also verified the capability of the developer who also was willing to offer bank guarantee to the tenants who were very keen to see that the development of the trust property is successfully handled by such developer. Considering all the above factors, the trustees are of strong opinion that the offer received from M/s. Raunak Corporation is in the best interest of the trust and comparatively about the prevailing market value. The applicants further submit that since the structure in which the trust activities were conducted had collapsed and the trust activities are practically in ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw standstill position which can be re-started if the proposed development is carried out and trust will get a built up area of 4000 sq. ft. which is offered by the developer to the trust free of cost. The trustees feel that by getting developed area of 4000 sq. ft., the trustees can implement many objects of the trust, originally mentioned in the scheme framed by the Hon'ble High Court, Bombay. Keeping all such factors in mind, the trustees are of unanimous opinion that the above transaction is in the best interest of the trust.

10) The applicants further submit that since the tenants who are 122 in number had shown their strong wishes in number of meetings held between the tenants and the trustees. They had requested the trustees to have Maharashtrian developers and shown their apprehension they should not get cheated in the hands of non- Maharashtrian developers. The trustees had to personally make efforts by knocking the doors of various Maharashtrian developers who can earn the confidence of the tenants. After long search the trustees have received competitive offers from the developers. It was not possible for the trustees to issue public notice in newspapers for calling maximum offers due to the conditions imposed by the tenants as the development of the trust property is not possible, as the trust property is fully tenanted trust property and tenants wishes are required to be considered. The applicants submit that they had to personally visit the developers and request them to see the property have tentative meetings with the tenants and therefore give their best possible offers to the trust. It was therefore not possible for the trust to give advertisements in the newspapers. However, the trustees have taken abundant precautions by knocking the doors of various Maharashtrian developers who have very strong financial conditions for development of the trust property. The trustees also keeping in mind to get the best suitable price have obtained valuation report of the trust property from the Government approved valuer. After considering the valuation given by the valuer, the trustees absolutely had ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw no hesitation in considering the aforesaid highest offer received from M/s. Raunak Corporation. The applicants therefore submit that it was not possible for them to give public notice calling for offers in the present case. The trustees therefore have prayed to dispense with the public notice for development cum sale of the aforesaid property in light of the situation mentioned by them in the present application."

24 None of the aforesaid reasons given by the trustees for not issuing advertisement do not appear to be genuine. There is absolutely no material placed on record indicating as to when the meeting of the tenants and the trustees took place.

No material was placed on record before the Charity Commissioner to prove as to what was the basis of the contention that the tenants wanted only a Marathi developer to be given the work of development. Even if one assumes that the submission of Sr. Advocate Mr. Thorat that this concept of having a Marathi Developer is abhorant to public law, even in a city like Mumbai there are several reputed firms or developers which are sole proprietary concerns or partnership firms which have persons of Maharashtrian origin as proprietors/partners/directors. The trustees have not explained as to why they approached only the four developers ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw named in the Application. The timing of the bids received from these developers is also interesting. All the 4 bids are stated to have been received within a span of 5 days. There is nothing on record to show that the trustees had invited written bids from these developers within a particular time. In view of this, timing of the bids being received within 5 days, is a matter which cannot be lightly brushed aside. There is nothing to indicate that any transparent procedure of receiving the bids in sealed covers or opening bids in presence of all bidders was followed. There is also nothing to indicate that the bidders were permitted to improve their bids or submit revised bids.

25 From the averments in the Application it is clear that the trustees have dealt with the property as if it was their private property and have not followed any transparent procedure.

26 In the case of Committee of Management of Pachaiyappa's Trust v/s. Official Trustee of Madras and anr.3, the Supreme Court has observed thus :

3 (1994) I SCC 475 ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw

"20. In this regard it may be mentioned that in view of Section 9 of the Act when the Official Trustee has been appointed trustee under a will he holds the property vested him upon the trust expressed in the will. Under Section 7 of the Act, the Official Trustee acts as an ordinary trustee and has the same powers, duties and liabilities and is entitled to the same rights and privileges and is subject to the same control and orders of the Court as any other trustee acting in the same capacity. According to the Indian Trust Act, 1882 a trustee is bound to deal with the trust property as carefully as a man of ordinary prudence would deal with such property if it were his own (Section 15) and a trustee can be do all acts which are reasonable and proper for the realisation, protection or benefit of the trust property (Section 36). Describing the standard for fiduciary conduct expected from a trustee, Cardozo, J. has said:

A trustee is held to something stricter than the morals of the market place. Not honesty alone but the punctilio of an honor the most sensitive, is then the standard of behaviour.... Only thus has the level of conduct for fiduciaries been kept at a higher level than that trodden by the crowd." (See Meinharal v. Salman .

21. In Muniswami Naidu v. Official Trustee (supra), while referring to the duties of Official Trustee, it has been held:

So long as the property is vested in the Official Trustee it will be the duty of the Official Trustee to take such steps and conduct himself in such a manner as to make the trust get the maximum advantage of any transaction without prejudice to the security and safety of the trust property itself.

22. In the said case, it has been further held that if the Official Trustee him self wants to lease out the property the normal procedure to be adopted is by public auction. The said view is in consonance with the law laid down by this Court in the Context of alienation of public property.

23. In K.N. Guruswamy v. State of Mysore and Ors. MANU/SC/0006/1954 : [1955]1SCR305 the Court was dealing with the sale of a liquor contract. It was observed that matters of "consequence to the State revenue cannot be dealt ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw with arbitrarily and in the secrecy of an office." The Court has emphasized the need for publicity so that people at large have notice. It was held that "the furtive method adopted of settling a matter of this moment behind the backs of those interested and anxious to compete is unjustified." (p.312)

24. In Fertilizer Corporation Kamgar Union (Regd.) v. Union of India MANU/SC/0010/1980 : (1981)ILLJ193SC , it is has been observed (Chandrachud, C.J.):

...We want to make it clear that we do not doubt the bonafides of the authorities, but as far as possible, sales of public property, when the intention is to get the best price, ought to take place publicly. The vendors are not necessarily bound to accept the highest or any other offer, but the public at least gets the satisfaction that the Government has put all the cards on the table.

25. Relying on the said observations this Court in State of U.P. v. Shiv Charan Sharma and Ors. etc. MANU/SC/0396/1981 : AIR1981SC1722 , has held that "public auction with open participation and a reserved price guarantees public interest being fully observed".

26. In Ram & Shayam Co. v. State of Haryana and Ors. MANU/SC/0017/1985 : AIR1985SC1147 , it has been laid down:

On the other hand, disposal of public property partakes the character of a trust in that in its disposal there should be nothing hanky panky and that it must be done at the best price so that larger revenue coming into the offers of the State administration would serve public purpose viz. the welfare State may be able to expand it s beneficient activities by the availability of larger funds. ... But where disposal is for augmentation of revenue and nothing else, the State is under an obligation to secure the best market price available in a market economy. An owner of private property need not auction it nor is he bound to dispose it of at a current market price. Factors such as personal attachment, of affinity, kinship, empathy, religious sentiment or limiting the choice to whom may be willing to ::: Downloaded on - 09/06/2013 18:22:11 ::: wp11070.1332.sxw sell, may permit him to sell the property at a song and without demur. A welfare State as the owner of the public property has no such freedom while disposing of the public property.(p.277)"

1. V. Shantaram – Shantaram Rajaram Vankudre, referred to as V. Shantaram, was an Indian filmmaker, film producer and actor. He is most known for his films like Dr. Kotnis Ki Amar Kahani, Amar Bhoopali, Jhanak Jhanak Payal Baaje, Do Aankhen Barah Haath, Navrang, Duniya Na Mane, Pinjra, Chani, Iye Marathiche Nagari and Zunj. He directed his first film, Netaji Palkar, in 1927, in 1929, he founded the Prabhat Film Company along with Vishnupant Damle, K. R. Kulkarni, which made Ayodhyecha Raja, the first Marathi language film in 1932 under his direction and he left Prabhat in 1942 to form Rajkamal Kalamandir in Mumbai. In time, Rajkamal became one of the most sophisticated studios of the country and he was praised by Charlie Chaplin for his Marathi film Manoos. Chaplin reportedly liked the very much. Shantaram Rajaram Vankudre was born on 18 November 1901 in the princely state of Kolhapur into a Maharashtrian family. V. Shantaram started his career doing odd jobs in Maharashtra Film Co. owned by Baburao Painter at Kolhapur. He went on to debut as an actor in the silent film, Shantaram, fondly known as Annasaheb, had an illustrious career as a filmmaker for almost six decades. V. Shantaram had a keen interest in music. It is said that he ghost wrote music for many of his music directors, some of his songs had to rehearsed several times before which they were approved by V. Shantaram. The Dadasaheb Phalke Award was conferred on him in 1985 and he was awarded the Padma Vibhushan in 1992. His autobiography Shantarama was published in Hindi and Marathi, Shantaram died on 30 October 1990 in Mumbai. The V. Shantaram Award was constituted by Central Government and Maharashtra State Government, the V. Shantaram Motion Picture Scientific Research and Cultural Foundation, established in 1993, offers various awards to film makers. The award is presented annually on 18 November, a postage stamp, bearing his face, was released by India Post to honour him on 17 November 2001. Shantaram was born in Kolhapur to a Marathi Jain family and he married thrice and his first marriage was to Vimla, with whom he has three children, son Prabhat Kumar, daughters Saroj and Charusheela, mother of actor Sushant Ray a. k. a. Shantaram then married actress Jayashree, with whom he had three children- Marathi film producer Kiran, actress Rajshree and Tejashree. His third wife, actress Sandhya, was his co-star in Do Aankhen Barah Haath as well as the heroine of his films like Jhanak Jhanak Payal Baaje, Navrang, Jal Bin Machhli Nritya Bin Bijli, and Sehra

2. Shakuntala Paranjpye – Shakuntalā Parānjpye was an Indian writer and a prominent social worker. She was a member of Maharashtra Legislative Council during 1958–64, and was a member of Indian Rajya Sabha during 1964–70. In 1991, the Government of India awarded her the Padma Bhushan title in recognition of her work in the field of family planning since 1938. The recent low population growth rate in Maharashtra is largely attributed to her work, Shakuntala Paranjpye was the daughter of Sir R. P. Paranjpye, who was Indias first Senior Wrangler, an educationist, and Indias High Commissioner to Australia during 1944–1947. Shakuntala studied for the Mathematical Tripos at Newnham College, Cambridge and she received a Diploma in Education from London University the next year. Shakuntala worked in the 1930s with the International Labour Organization in Geneva, in the 1930s and 40s, she also acted in some Marathi and Hindi movies. Her most noted role was in V. Shantarams Hindi social classic, Shakuntala wrote many plays, sketches, and novels in Marathi. Some of her work was in English, a Hindi childrens movie, Yeh Hai Chakkad Bakkad Bumbe Bo, which was based on a Marathi story by Shakuntala was released in 2003. Shakuntala was married for a time to a Russian painter. She had a daughter, Sai Paranjpye, by him in 1938, soon after Sais birth, she divorced Youra, and reared Sai in her own fathers household. Sai Paranjpye is a noted Hindi movie director and screenwriter and she is known for her comedies and childrens movies. In 2006, the Government of India awarded her the Padma Bhushan title in recognition of her artistic talents, Kāhi Āmbat, Kāhi Goad, Pune, Śrīvidyā Prakāshan,1979. Desh-Videshichyā Lok-Kathā, Shakuntala Paranjpye at the Internet Movie Database

3. India – India, officially the Republic of India, is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and it is bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast. It shares land borders with Pakistan to the west, China, Nepal, and Bhutan to the northeast, in the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives. Indias Andaman and Nicobar Islands share a border with Thailand. The Indian subcontinent was home to the urban Indus Valley Civilisation of the 3rd millennium BCE, in the following millennium, the oldest scriptures associated with Hinduism began to be composed. Social stratification, based on caste, emerged in the first millennium BCE, early political consolidations took place under the Maurya and Gupta empires, the later peninsular Middle Kingdoms influenced cultures as far as southeast Asia. In the medieval era, Judaism, Zoroastrianism, Christianity, and Islam arrived, much of the north fell to the Delhi sultanate, the south was united under the Vijayanagara Empire. The economy expanded in the 17th century in the Mughal empire, in the mid-18th century, the subcontinent came under British East India Company rule, and in the mid-19th under British crown rule. A nationalist movement emerged in the late 19th century, which later, under Mahatma Gandhi, was noted for nonviolent resistance, in 2015, the Indian economy was the worlds seventh largest by nominal GDP and third largest by purchasing power parity. Following market-based economic reforms in 1991, India became one of the major economies and is considered a newly industrialised country. However, it continues to face the challenges of poverty, corruption, malnutrition, a nuclear weapons state and regional power, it has the third largest standing army in the world and ranks sixth in military expenditure among nations. India is a constitutional republic governed under a parliamentary system. It is a pluralistic, multilingual and multi-ethnic society and is home to a diversity of wildlife in a variety of protected habitats. The name India is derived from Indus, which originates from the Old Persian word Hindu, the latter term stems from the Sanskrit word Sindhu, which was the historical local appellation for the Indus River. The ancient Greeks referred to the Indians as Indoi, which translates as The people of the Indus, the geographical term Bharat, which is recognised by the Constitution of India as an official name for the country, is used by many Indian languages in its variations. Scholars believe it to be named after the Vedic tribe of Bharatas in the second millennium B. C. E and it is also traditionally associated with the rule of the legendary emperor Bharata. Gaṇarājya is the Sanskrit/Hindi term for republic dating back to the ancient times, hindustan is a Persian name for India dating back to the 3rd century B. C. E. It was introduced into India by the Mughals and widely used since then and its meaning varied, referring to a region that encompassed northern India and Pakistan or India in its entirety

4. Hindi – Hindi, or Modern Standard Hindi is a standardised and Sanskritised register of the Hindustani language. Along with the English language, Hindi written in the Devanagari script, is the language of the Government of India. It is also one of the 22 scheduled languages of the Republic of India, Hindi is the lingua franca of the so-called Hindi belt of India. Outside India, it is a language which is known as Fiji Hindi in Fiji, and is a recognised regional language in Mauritius, Trinidad and Tobago, Guyana. Hindi is the fourth most-spoken first language in the world, after Mandarin, apart from specialized vocabulary, Hindi is mutually intelligible with Standard Urdu, another recognized register of Hindustani. Part XVII of the Indian Constitution deals with Official Language, under Article 343, official language of the Union has been prescribed, which includes Hindi in Devanagari script and English. Gujarat High Court, in 2010, has observed that there was nothing on record to suggest that any provision has been made or order issued declaring Hindi as a language of India. Article 343 of the Indian constitution states The official language of the Union shall be Hindi in Devanagari script, the form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals. It was envisioned that Hindi would become the working language of the Union Government by 1965. Each may also designate a co-official language, in Uttar Pradesh, for instance, depending on the formation in power. Similarly, Hindi is accorded the status of language in the following Union Territories, Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu. National-language status for Hindi is a long-debated theme, an Indian court clarified that Hindi is not the national language of India because the constitution does not mention it as such. Outside Asia, Hindi is a language in Fiji as per the 1997 Constitution of Fiji. It is spoken by 380,000 people in Fiji, Hindi is also spoken by a large population of Madheshis of Nepal. Hindi is quite easy to understand for some Pakistanis, who speak Urdu, apart from this, Hindi is spoken by the large Indian diaspora which hails from, or has its origin from the Hindi Belt of India. Like other Indo-Aryan languages, Hindi is considered to be a descendant of an early form of Sanskrit, through Sauraseni Prakrit. It has been influenced by Dravidian languages, Turkic languages, Persian, Arabic, Portuguese, Hindi emerged as Apabhramsha, a degenerated form of Prakrit, in the 7th century A. D. By the 10th century A. D. it became stable, Braj Bhasha, Bhojpuri, Awadhi, Khari Boli etc. are the dialects of Hindi

5. Marathi language – Marathi is an Indian language spoken predominantly by the Marathi people of Maharashtra. It is the language and co-official language in the Maharashtra and Goa states of Western India, respectively. There were 73 million speakers in 2001, Marathi ranks 19th in the list of most spoken languages in the world, Marathi has the fourth largest number of native speakers in India, after Hindi, Bengali and Telugu in that order. Marathi has some of the oldest literature of all modern Indo-Aryan languages, the major dialects of Marathi are Standard Marathi and the Varhadi dialect. Malvani Konkani has been influenced by Marathi varieties. Marathi has several features that set it aside from most other Indian languages, Marathi distinguishes inclusive and exclusive forms of we and possesses a three-way gender system that features the neuter in addition to the masculine and the feminine. In its phonology it contrasts apico-alveolar with alveopalatal affricates and, in common with Gujarati, Marathi is primarily spoken in Maharashtra and parts of neighbouring states of Gujarat, Madhya Pradesh, Goa, union-territories of Daman and Diu and Dadra and Nagar Haveli. The cities of Baroda, Surat, and Ahmedabad, Belgaum, Karwar, Nipani, Indore, Gwalior, Adoni, Hyderabad, Marathi is also spoken by Maharashtrian emigrants worldwide, especially in the United States, United Kingdom, Israel, Mauritius, and Canada. Marathi is the language of Maharashtra and co-official language in the union territories of Daman and Diu and Dadra. In Goa, Konkani is the official language, however. Marathi is included among the languages which stand a part of the Eight Schedule of the Constitution of India, the contemporary grammatical rules described by Maharashtra Sahitya Parishad and endorsed by the Government of Maharashtra are supposed to take precedence in standard written Marathi. Traditions of Marathi Linguistics and the rules give special status to tatsamas. This special status expects the rules for tatsamas to be followed as in Sanskrit and this practice provides Marathi with a large treasure of Sanskrit words to cope with demands of new technical words whenever needed. Jawaharlal Nehru University has announced plans to establish a department for Marathi. Marathi Day is celebrated on 27 February, the birthday of poet Vishnu Vaman Shirwadkar, Indian languages, including Marathi, that belong to the Indo-Aryan language family are derived from early forms of Prakrit. Marathi is one of languages that further descend from Maharashtri Prakrit. Marathi literature began and grew owing to the rise of the Seuna dynasty of Devgiri, further growth and usage of the language was because of two religious sects – the Mahanubhava and Varkari panthans – who adopted Marathi as the medium for preaching their doctrines of devotion. Marathi had attained a place in court life by the time of the Seuna kings

6. Marathi cinema – Marathi cinema refers to Indian films produced in Marathi, the language of the state of Maharashtra, India. Based in old Mumbai, it is the oldest and one of the film industries of India. The first Marathi talkie film, Ayodhyecha Raja, was released in 1932, although the industry is much smaller than the large market driven Hindi cinema based in Mumbai, Marathi cinema is tax free, and is experiencing growth in recent years. Raja Harishchandra, directed by Dadasaheb Phalke, was a Marathi film, now known as Indias first full-length feature, the Dadasaheb Phalke Award is Indias highest award in cinema given annually by the Government of India for lifetime contribution to Indian cinema. Marathi cinema is the oldest form of Indian cinema, the first Marathi movie released in India was Shree Pundalik by Dadasaheb Torne on 18 May 1912 at Coronation Cinematograph, Mumbai. Dadasaheb Phalke is known as the first pioneer and founder of cinema in pre-Independence India, kolhapur in Western Maharashtra was another centre of active film production in the twenties. Because of his special interest in sets, costumes, design and painting, he chose episodes from Maratha history for interpreting in the new medium, baburao Painter made many silent movies till 1930. However, after a few silent films, the Maharashtra Film Company pulled down its shutters with the advent of sound. Baburao was not particularly keen on the talkies for he believed that they would destroy the culture so painfully evolved over the years. As cinema grew in Union of India, major production houses rose and one of them was again a company owned wholly by Maharashtrians, prabhats Sant Tukaram was the first Indian work to win the Best Film Award at the Venice film festival in 1937. In 1954 at the very first edition of the National Awards, Shyamchi Aai another Marathi film and it was directed by Acharya P K Atre, and it was an adaptation of the eponymous novel by Sane Guruji. The 1960s saw the emergence of directors like Anant Mane who made Marathi films based on the art form Tamasha. Then came directors like Datta Dharmadhikari and Raj Dutt who made traditional family dramas, the early 70s saw the advent of Dada Kondke who captured the audiences with his sense of humour. He went on to create satirical, pun-ridden films often including social and political commentary, by this time Marathi cinema was caught in either the Tamasha genre or tragedies revolving around traditional family dramas on one side and the comedies of Dada Kondke. The 1980s saw two comedy heroes catapult to stardom, Ashok Saraf and Laxmikant Berde, around the mid-80s two young actors donned the directors mantle, Mahesh Kothare and Sachin Pilgaonkar. Pilgaonkar directed Navri Mile Navryala and around the same time Mahesh Kothare directed Dhumdhadaka, pilgaonkars film was a box-office hit while Mahesh Kothares became a mega hit at the box-office, became a trend-setter, and brought young audiences to Marathi cinema. Mahesh Kothare went on to comedy films that became major hits. He made the first Marathi film shot on the anamorphic format — Dhadakebaaz and he brought a number of innovations in the technical quality of Marathi films and was the first to bring Dolby Digital sound to Marathi cinema with Chimni Pakhara

7. Lavani – Lavani is a genre of music popular in Maharashtra. Lavani is a combination of song and dance, which particularly performed to the beats of Dholki. Lavani is noted for its powerful rhythm, Lavani has contributed substantially to the development of Marathi folk theatre. In Maharashtra and southern Madhya Pradesh and North Karnataka, it is performed by the performers wearing nine-yard long saris. The songs are sung in a quick tempo, according to a tradition, the word Lavani is derived from the word lavanya which means beauty. According to another tradition, it is derived from Marathi lavane, traditionally, this genre of folk dance deals with different and varied subject matters such as society, religion, politics and romance. The songs in Lavani are mostly erotic in sentiment and the dialogues tend to be pungent in socio-political satire, originally, it was used as a form of entertainment and morale booster to the tired soldiers. Lavani Songs, which are sung along with dance, are usually naughty and it is believed their origin is in the Prakrit Gathas collected by Hala. The Nirguni Lavani and the Shringari Lavani are the two types, the devotional music of the Nirguni cult is popular all over Malwa. Lavani developed into two performances, namely Phadachi Lavani and Baithakichi Lavani. The Lavani sung and enacted in a performance before a large audience in a theatrical atmosphere is called Phadachi Lavani. And, when the Lavani is sung in a chamber for a private and select audience by a girl sitting before the audience. The ladies that perform lavani wear a long sari length around 9 metres and they form a bun with their hair. They wear heavy jewellery that includes necklace, earrings, payal, kamarpatta and they usually put a large bindi of dark red color on their forehead. The sari they wear is called nauvari, the sari is Wrapped beautifully and is much more comfortable as compared to other sari types. There are also men that dance in lavni along with the ladies and they are the called nat usually the kinnars. These men dance in support with the lead dancer, although beginnings of Lavani can be traced back to 1560s, it came into prominence during the later days of the Peshwa rule. Honaji Bala introduced tabla in place of the traditional dholki and he also developed the baithakichi Lavani, a subgenre, which is presented by the singer in the seated position

8. Peshwa – A Peshwa was the equivalent of a modern Prime Minister in the Maratha Empire. Originally, the Peshwas served as subordinates to the Chhatrapati, but later, they became the de facto leaders of the Marathas, and the Chatrapati was reduced to a nominal ruler. During the last years of the Maratha Empire, the Peshwas themselves were reduced to titular leaders, and remained under the authority of the Maratha nobles, all the Peshwas during the rule of Chhatrapati Shivaji and Chhatrapati Sambhaji belonged to Deshastha Brahmin family. The first Peshwa was Moropant Pingle, who was appointed as the head of the Ashta Pradhan by Chhatrapati Shivaji, the initial Peshwas were all ministers who served as the chief executives to the king. The later Peshwas held the highest administrative office and also controlled the Maratha confederacy, under the Chitpavan Brahmin Bhat family, the Peshwas became the de facto hereditary administrators of the Confederacy. The Peshwas office was most powerful under Baji Rao I, under Peshwa administration and with the support of several key generals and diplomats, the Maratha Empire reached its zenith, ruling most of the Indian subcontinent. However, after the Peshwa Raghunathrao allied with the British, the Peshwas power declined substantially, later on many provinces were controlled and administered either by the Maratha nobles such as Daulat Rao Sindhia, or by the East India Company. During this period, the Maratha confederacy came to its end through its formal annexation into the British Empire in 1818, clever Deshasthas were happy with the downfall as they were kept away from power by talented Chitpavans for a long time. The word Peshwa is from Persian پیشوا pēshwā, meaning foremost, after the coronation of Chhatrapati Shivaji Maharaj in 1674, he appointed Moropant Trimbak Pingle as the first Peshwa. Shivaji Maharaj renamed this designation as Pantpradhan in 1674 but this term is commonly used. The first Peshwa was Moropant Trimbak Pingale who served the monarch and his son, Nilopant Pingale, was appointed Peshwa by the second Chhatrapati Sambhaji after Moropants s death in 1683. The second Peshwa, Ramchandra Amatya, received royal status from Chhatrapati Rajaram as Hukumatpanha from 1689 to 1699 and he was a sound administrator who rose from the level of a local Kulkarni to the ranks of Ashta Pradhan due to guidance and support from Shivaji. Amatya is a Sanskrit term denoting counselor, guide, supervisor or overseer of both personal and governmental affairs and he recaptured many forts from the Mughals between 1690 and 1694, some in person, as well as personally conducting guerilla war techniques. When Chhatrapati Rajaram fled to Jinji in 1689, before leaving from Maharashtra, Ramchandra Pant managed the entire state under many challenges such as the Mughal influx, the betrayal of Vatandars, and scarcity of food. With his help, Sachiv kept the Maratha State on an economic footing. Pant got tremendous military help from Santaji Ghorpade and Dhanaji Jadhav, in 1698, he happily stepped down from the post of Hukumatpanha and Rajaram offered this post to his wife Tarabai. Tarabai gave an important position to Pant in the administration of Maratha State and he wrote a book called Adnyapatra मराठी, आज्ञापत्र which explained different techniques of war, maintenance of forts and administration etc. The concepts in Adnyapatra and the wisdom and leadership of ] greatly helped the Maratha empire in building the foundation of state, as he was more loyal to Tarabai than Shahu, he was sidelined after the arrival of Chhatrapati Shahu

9. Hansa Wadkar – Hansa Wadkar was a Marathi and Hindi film and stage actress of Indian cinema. She started her career at the age of thirteen years. Wadkar went on to make a name for herself working in the film companies like Bombay Talkies, Prabhat Film Company. Her career defining role was in Vishnupant Damles Sant Sakhu where she enacted the role of the female saint Sakhu and her other memorable roles were in the Tamasha genre films like Lokshahir Ram Joshi, termed as the Classic Marathi Tamasha musical. Sangtye Aika was another of Marathi cinemas best known Tamasha film along with Ram Joshi and she thus acted in two of Marathi cinemas biggest hits Lokshahir Ramjoshi and Sangtye Aika. The title Sangtye Aika was used by Wadkar for her autobiography compiled in 1971, the autobiography was initially serialised in the Marathi magazine Manoos helped by journalist Arun Sadhu. She has been referred to as one of the most sought after and her marriage ended in a separation and her daughter was kept away from her. Bhumika directed by Shyam Benegal, was based on Hansa Wadkars autobiography and had actress Smita Patil playing Wadkar in the film, the film won two National Awards, Best Actress for Smita Patil and Best Screenplay for Satyadev Dubey, Shyam Benegal and Girish Karnad. The film also won the Best Film at the 25th Filmfare Awards, Wadkar was born Ratan Bhalachander Salgaokar, on 24 January 1923 at Dr. Bhalarao Hospital in Bombay, Maharashtra, India. Her father, Bhalchander Salgaokar, was the son and grandson of kalavantins, courtesans renowned for their musical accomplishments and her mother, Saraswati, was the daughter of a Devdasi. Wadkar was the third of four children, the oldest sister and youngest brother died, leaving a second child, her brother Mohan and her. In her autobiography Wadkar mentions that her grandmother, Baybai Salgaokar. Marriage in the community was a rarity and Wadkars grandfather Raghunath Salgaokar was the first person in the family to marry. Jiji divided the vast property she had and Wadkars father was given the house in Sawantwadi, the mother, father, brother and young Wadkar shifted there and she joined a Marathi medium school where she studied till class IV. She also studied music under Bhagwatbuwa but was not interested in singing. The family returned to Bombay and Hansa attended an English medium school for two years at Aryan Education Society School, however, she had to leave school when the family faced financial problems. The father had turned into an alcoholic and there was no money coming in the house, the mother insisted that Mohan being a boy should continue his studies, hence it was left on Wadkar to find work. The influence of films was present from an early time, Wadkars father had three sisters, Kesharbai, Indirabai and Sushilabai

10. Do Aankhen Barah Haath – Do Aankhen Barah Haath is a 1957 Hindi film directed by V. Shantaram, who also starred in the film. It is considered one of the classics of Hindi cinema and is based on humanistic psychology and it won a Silver Bear at the 8th Berlin International Film Festival and was nominated for a Golden Globe Award in the category Samuel Goldwyn Award. The film is remembered for its song, Aye Maalik Tere Bande Hum, sung by Lata Mangeshkar. The film was inspired by the story of a prison experiment Swatantrapur in the princely state of Aundh near Satara. Now Swatantrapur is part of Atpadi tehsil in Sangli district of Maharashtra and it was recounted by screenwriter G. D. Madgulkar to V. Shantaram. In 2005, Indiatimes Movies ranked the movie amongst the Top 25 Must See Bollywood Films, during filming V. Shantaram fought with a bull and injured an eye, though his eyesight survived. The film was remade in 1975 in Tamil as Pallandu Vazhga starring M. G. Ramachandran and Latha, and in 1976 as the Telugu color film Maa Daivam starring N. T. Rama Rao, the film portrays a young jail warden, Adinath, who rehabilitates six dangerous prisoners released on parole into persons of virtue. The film ends with the death of the warden at the hands of the minions of an enemy who wants no competition. This film takes the viewers through several scenes that set a moral lesson that through hard work. Also this film explains that if people focus their energy on a worthy cause and my Six Convicts Le 12 mars 1952, we can see in both movies there, a certain similarity with the autobiographical story of Donald Powell Wilson. The Dirty Dozen Do Aankhen Barah Haath at the Internet Movie Database Do Aankhen Barah Haath on Youtube

11. Telugu language – Telugu is a Dravidian language native to India. It is also spoken by significant minorities in Karnataka, Tamil Nadu, Maharashtra, Chhattisgarh, Odisha, the Andaman and Nicobar Islands and it is one of six languages designated a classical language of India by the Government of India. Telugu ranks third by the number of speakers in India. It is one of the scheduled languages of the Republic of India. Approximately 10,000 inscriptions exist in the Telugu language, the speakers of the language call it Telugu or Tenugu. The older forms of the name include Teluṅgu, Tenuṅgu and Teliṅga, the etymology of Telugu is not certain. Some historical scholars have suggested a derivation from Sanskrit triliṅgam, as in Trilinga Desa, tradition holds that Shiva descended as a lingam on three mountains, Kaleshwaram, Srisailam, and Bhimeswaram, which are said to have marked the boundaries of the Trilinga Desa. Atharvana Acharya in the 13th century wrote a grammar of Telugu, Appa Kavi in the 17th century explicitly wrote that Telugu was derived from Trilinga. Scholar Charles P. Brown comments that it was a strange notion as all the predecessors of Appa Kavi had no knowledge of such a derivation. George Abraham Grierson and other linguists doubt this derivation, holding rather that Telugu was the older term, another view holds that tenugu is derived from the proto-Dravidian word ten– south to mean the people who lived in the south/southern direction. The name telugu then, is a result of n -> l alternation established in Telugu, according to the natve tradition Telugu grammar has a hoary past. Sage Kanva was said to be the first grammarian of Telugu, a Rajeswara Sarma discussed the hisoricity and content of Kanvas grammar written in Sanskrit. He cited twenty grammatical aphorisms ascribed to Kanva, and concluded that Kanva wrote an ancient Telugu Grammar which was lost, according to the Russian linguist M. S. Andronov, Telugu split from the Proto-Dravidian languages between 1500 and 1000 BC. According to linguist Bhadriraju Krishnamurti, Telugu, as a Dravidian language, descends from Proto-Dravidian, linguistic reconstruction suggests that Proto-Dravidian was spoken around the third millennium BC, possibly in the region around the lower Godavari river basin in peninsular India. The material evidence suggests that the speakers of Proto-Dravidian were of the associated with the Neolithic societies of South India. A legend gives the Lepakshi town a significant place in the Ramayana — this was where the bird Jatayu fell, when Sri Rama reached the spot, he saw the bird and said compassionately, “Le Pakshi” — ‘rise, bird’ in Telugu. This indicates the presence of Telugu Language during Ramayana period, there is a mention of Telugu people or Telugu country in ancient Tamil literature as Telunka Nadu. Telugu words were found in Hebrew literature, inscriptions with Telugu words dating back to 400 BC to 100 BC have been discovered in Bhattiprolu in the Guntur district of Andhra Pradesh

12. Tamil language – Tamil is a Dravidian language predominantly spoken by the Tamil people of India and Sri Lanka, and also by the Tamil diaspora, Sri Lankan Moors, Burghers, Douglas, and Chindians. Tamil is a language of two countries, Singapore and Sri Lanka. It has official status in the Indian state of Tamil Nadu and it is also used as one of the languages of education in Malaysia, along with English, Malay and Mandarin. Tamil is also spoken by significant minorities in the four other South Indian states of Kerala, Karnataka, Andhra Pradesh and Telangana and it is one of the 22 scheduled languages of India. Tamil is one of the classical languages in the world. Tamil-Brahmi inscriptions from 500 BC have been found on Adichanallur and 2 and it has been described as the only language of contemporary India which is recognizably continuous with a classical past. The variety and quality of classical Tamil literature has led to it being described as one of the classical traditions. A recorded Tamil literature has been documented for over 2000 years, the earliest period of Tamil literature, Sangam literature, is dated from ca.300 BC – AD300. It has the oldest extant literature among other Dravidian languages, the earliest epigraphic records found on rock edicts and hero stones date from around the 3rd century BC. More than 55% of the inscriptions found by the Archaeological Survey of India are in the Tamil language. Tamil language inscriptions written in Brahmi script have been discovered in Sri Lanka, the two earliest manuscripts from India, acknowledged and registered by the UNESCO Memory of the World register in 1997 and 2005, were written in Tamil. In 1578, Portuguese Christian missionaries published a Tamil prayer book in old Tamil script named Thambiraan Vanakkam, the Tamil Lexicon, published by the University of Madras, was one of the earliest dictionaries published in the Indian languages. According to a 2001 survey, there were 1,863 newspapers published in Tamil, Tamil belongs to the southern branch of the Dravidian languages, a family of around 26 languages native to the Indian subcontinent. It is also classified as being part of a Tamil language family, the closest major relative of Tamil is Malayalam, the two began diverging around the 9th century CE. According to linguists like Bhadriraju Krishnamurti, Tamil, as a Dravidian language, descends from Proto-Dravidian, linguistic reconstruction suggests that Proto-Dravidian was spoken around the third millennium BC, possibly in the region around the lower Godavari river basin in peninsular India. The material evidence suggests that the speakers of Proto-Dravidian were of the associated with the Neolithic complexes of South India. The next phase in the reconstructed proto-history of Tamil is Proto-South Dravidian, the linguistic evidence suggests that Proto-South Dravidian was spoken around the middle of the second millennium BC, and that proto-Tamil emerged around the 3rd century BC. The earliest epigraphic attestations of Tamil are generally taken to have been shortly thereafter

13. Jayabheri – Jayabheri Telugu devotional & biographical film based on life of Karnataka poet Kaasinath, produced by Vasireddy Narayana Rao on Sarada Productions banner and directed by P. Pullaiah. Starring Akkineni Nageswara Rao, Anjali Devi in lead roles and music composed by Pendyala Nageswara Rao, the film is remake of Marathi film Lokshahir Ram Joshi & in Hindi as Matwala Shayar Ram Joshi. The film simultaneously released in Tamil as Kalaivaanan, the story is set around 1600-1700 during the Vijayanagara empire. Kasinatha Sastri belongs to a high caste Brahmin family and he lives with his brother and sister-in-law, who is also his closest friend. He treats her like a mother, manjulavani is part of a troupe that performs plays for money. Being of different caste, the lovers find it difficult to be together with outside prejudices creeping in, the rest of the story is about how ANR marries Anjali, going against the norms and makes people realize that all humans are the same

14. Directorate of Film Festivals – The Directorate of Film Festivals in India is an organisation that initiates and presents the International Film Festival of India, the National Film Awards and the Indian Panorama. The Directorate set up by Ministry of Information and Broadcasting, Govt of India and it was set up by the Government of India in 1973, and works as part of the Ministry of Information and Broadcasting. The Directorate is based in New Delhi and is headed by Senthil Rajan. The Directorate facilitates the participation of India in festivals abroad, Directorate of Film Festivals, Official website Official website of Directorate of Film Festivals at National Portal of India The Indian Panorama

15. IMDb – In 1998 it became a subsidiary of Amazon Inc, who were then able to use it as an advertising resource for selling DVDs and videotapes. As of January 2017, IMDb has approximately 4.1 million titles and 7.7 million personalities in its database, the site enables registered users to submit new material and edits to existing entries. Although all data is checked before going live, the system has open to abuse. The site also featured message boards which stimulate regular debates and dialogue among authenticated users, IMDb shutdown the message boards permanently on February 20,2017. Anyone with a connection can read the movie and talent pages of IMDb. A registration process is however, to contribute info to the site. A registered user chooses a name for themselves, and is given a profile page. These badges range from total contributions made, to independent categories such as photos, trivia, bios, if a registered user or visitor happens to be in the entertainment industry, and has an IMDb page, that user/visitor can add photos to that page by enrolling in IMDbPRO. Actors, crew, and industry executives can post their own resume and this fee enrolls them in a membership called IMDbPro. PRO can be accessed by anyone willing to pay the fee, which is $19.99 USD per month, or if paid annually, $149.99, which comes to approximately $12.50 per month USD. Membership enables a user to access the rank order of each industry personality, as well as agent contact information for any actor, producer, director etc. that has an IMDb page. Enrolling in PRO for industry personnel, enables those members the ability to upload a head shot to open their page, as well as the ability to upload hundreds of photos to accompany their page. Anyone can register as a user, and contribute to the site as well as enjoy its content, however those users enrolled in PRO have greater access and privileges. IMDb originated with a Usenet posting by British film fan and computer programmer Col Needham entitled Those Eyes, others with similar interests soon responded with additions or different lists of their own. Needham subsequently started an Actors List, while Dave Knight began a Directors List, and Andy Krieg took over THE LIST from Hank Driskill, which would later be renamed the Actress List. Both lists had been restricted to people who were alive and working, the goal of the participants now was to make the lists as inclusive as possible. By late 1990, the lists included almost 10,000 movies and television series correlated with actors and actresses appearing therein. On October 17,1990, Needham developed and posted a collection of Unix shell scripts which could be used to search the four lists, at the time, it was known as the rec. arts. movies movie database

16. Prabhat Film Company – Prabhat Film Company popularly known as Prabhat Films was an Indian film production company and film studios founded in 1929 by the noted film director V. Shantaram and his friends. It was formed in Kolhapur, Maharashtra, India in 1929, towards the end of silent films era, by the film director V. Shantaram. Close friends Vishnupant G Damle and Fateh Lal were very good artists, Baburao Pendharkar became the de facto head of operations because of Baburao Painters distaste for financial matters. Pendharkars cousin Shantaram Vanakudre joined the company and became Baburao Painters right-hand man, in 1927-28, the senior personnel became dissatisfied by Baburao Painters increasingly lukewarm and erratic behaviour. Damle and Fateh Lal were thinking of starting their own company, as were V Shantaram, Baburao Pendharkar suggested the name Prabhat, and the other partners liked it. Prabhat soon made a name for itself with silent films and produced six films, when India entered the era of talkies with Alam Ara in March 1931, Shantaram predicted that it was a transient phase, and the silent films were the real artistic area. The film is based on Raja Harishchandras story, the film was not only a big hit but also had won an award at the 5th Venice International Film Festival in 1937, and still remains a part of film appreciation courses. After Shantaram split away in 1942 to form his own Rajkamal Kalamandir studios, and Damle Mama fell ill and its last major film was Ram Shastri in 1944. Noted director, Guru Dutt started his career as a choreographer, under a contract with the Prabhat Film Company in Pune in 1944. The company was closed in the early 50s and property auctioned away in 1952, the company formally closed on 13 October 1953. Other Marathi film companies of note in 1930s include Saraswati Movietone, Shalini Movietone, major film directors, Bhalji Pendharkar, Master Vinayak. Major music directors, Annasaheb Mainkar, Dhamman Khan, Dada Chandekar, the Pune premises of Prabhat Studios are today a declared heritage site. The Film and Television Institute of India today occupies the Pune premises of Prabhat Stuido in 1960, students of FTII continue to use the studio premises. Later, Anantrao Damle, V G Damles son, bought back the film prints from Mudaliyar of Chennai. Damles sons have followed up his work and brought out some of Prabhats vintage films on VCDs. However, in January 2003, most of the original nitrates of the films, the 75th anniversary of Prabhat Films was celebrated in Pune, in June 2004. It included an exhibition of photographs and screening of the documentary film. Shantaram, biography Upperstall. com Official website Prabhat Films at Internet Movie Database

17. Udaykal – Udaykal is a 1930 historical silent film co-directed by V. Shantaram and Keshavrao Dhaiber. It was produced by Prabhat Film Company, the story was written by Baburao Pendharkar. The cinematographers were S. Fattelal and V. G. Damle, the film starred V. Shantaram, Baburao Pendharkar, Kamla Devi, G. R. Mane, Ibrahim and Dhaiber. The film was the second of two significant historical silent films made by Shantaram, the first being Netaji Palkar, Udaykal was a historical film based on the military expeditions of the young 17th century Maratha Emperor Shivaji. The film was earlier called Swarajyacha Toran, but with the opposing the word Freedom. The censors had the producers make several other changes just prior to the release, Udaykal at the Internet Movie Database

18. Maya Machhindra – Maya Macchindra is the title of about six films produced in different languages in India. The story is based on the life of Matsyendranath or Machindranath one of the eighty-four Mahasiddhas, Maya Machhindra is a 1932 Marathi/Hindi Black and White film, produced by Prabhat Films, directed by Shantaram Rajaram Vankudre. This film is based on Mani Shankar Trivedis play Siddhasansar with music scored by Govindrao Tembe, Govindrao Tembe—Machhindranath Durga Khote—Queen Master Vinayak—Gorakh Baburao Pendharkar Maya Machindra is a Tamil language film. The title role was played by M. K, the film was released in 1939. Maya Machhindra was a legend in ancient India and Tibet about tantric masters. The first version was in Hindi and Marathi made in 1932 and this film was produced and directed by one of the icons of Indian cinema, Vankudre Shantaram. Govinda Rao Tembe, an actor of Marathi cinema played Machindranath, his disciple Gorakhnath was played by another prominent actor master Vinayak. Maya Machhindra is a 1945 Telugu language film directed by P. Pullaiah, jandhyala Gaurinatha Sastry Addanki Srirama Murthy Kannamba K. Malathi Satyajeet Krishna Murthy 1975 Film. NT Rama Rao as Machhindra Nath Vanishri Rama Krishna as Gorakh

19. Jalti Nishani – Jalti Nishani also called The Branded Oath, is a 1932 Hindi/Urdu adventure film directed by V. Shantaram. The film was a Prabhat Film Company production and was a bilingual, the cinematography was by Keshavrao Dhaiber and Art direction by S. Fatehlal. The sound direction was by Vishnupant Govind Damle and the music, the character artist Gajanan Jagirdar began his career in films by acting the role of a seventy-five-year-old man at the age of twenty-five. Ashok Raj cites that the role was originally to be played by D. D. Mane in the film, the cast included Shankarrao Bhosle, Kamala Devi, Master Vinayak, Baburao Pendharkar, Nimbalkar and Jagirdar. The adventure film revolved around a young princes escapades which included acrobatic swordplay, at regaining his father, jalti Nishani at the Internet Movie Database

20. Ayodhyecha Raja – Ayodhyecha Raja, literally The King of Ayodhya, was the first Marathi talkie, released in 1932, directed by Shantaram Rajaram Vankudre. It is based on the story of Raja Harishchandra of Ayodhya and his test by sage Vishwamitra, as recounted in Valmikis epic. Indias first full-length feature film, Raja Harishchandra, was made on the same storyline. The film was not just Prabhat Film Companys first talkie film, in its time, it was a leap not just in sound, song and dialogue quality and became a hit. V. Shantaram made another film, Duniya Na Mane in 1937. After the 2003 fire at the National Archives of India, Pune in which prints of first Indian talkie Alam Ara were lost, it is also the earliest surviving talkie of Indian cinema

21. Sinhagad (film) – Sinhagad is a 1933 Marathi historical drama film directed by V. Shantaram. The production company was Prabhat Film Company, the story was based on Hari Narayan Aptes literary classic novel Gad Ala Pan Sinha Gela. Apte was a famous Marathi novelist of the twentieth century. The storys screenplay and dialogue were written by Govindrao Tembe who also provided the music for the film, the cinematographers were V. Avadhoot and Keshavrao Dhaiber. The cast included Master Vinayak, Baburao Pendharkar, Keshavrao Dhaiber, Leela Chandragiri, Shinde, Prabhavati, Budasaheb, tanaji Malasure prepares to attack the fort with fifty soldiers. He manages to scale it but is killed in the battle with Udaybhanu, shivaji arrives and wins the fort but he is despondent on losing his most trusted Lieutenant. The popular songs from the film were Mard Maratha Mawalcha and Jyaachi Kirti Saarya Jagaat, sinhagad at the Internet Movie Database

22. Sairandhri (1933 Hindi film) – Sairandhari is a 1933 Hindi film based on an episode from the Mahabharata and directed by V. Shantaram. Produced by Prabhat Film Company, it has been cited as one of the 21 most wanted missing Indian treasures by P K. Nair, the film was a bilingual made as Sairandhari in both Marathi and Hindi. The music composer was Govindrao Tembe, the cast included Master Vinayak, Leela, Prabhavati, Shakuntala, G. R. The film revolved around an incident from the Mahabharata and told the story of Draupadi as Malini/Sairandhari, the story is about the twelfth of the thirteen years of the Pandavas exile. Draupadi in her identity as Sairandhari is acting as the maid-in-waiting to Queen Sudeshna and they are in King Viratas palace in Matsya. Kichaka, King Viratas brother-in-law and Sudeshnas brother is an arrogant man who believes that King Virat rules his kingdom because of him and he sees Sairandhari and orders his sister to send Sairandhari to his palace. When she reaches Keechaks palace Bhima who is disguised as the cook, arrives to save her. Sairandhari was made in colour but for processing Shantaram took it to the UFA studios in Germany, however, the technique failed and the film was released as a Black-and-white production as the colours turned out to be too garish. The film is credited as having the first original soundtrack disc. The Gramaphone Records were pressed from the soundtrack in Germany. The film was a remake of the silent film Sairandhari made by Baburao Painter. Draupadi, an image and an oppressed figure was used as a nationalistic representative for India under the British Raj

23. Sairandhri (1933 Marathi film) – Sairandhari is a 1933 Marathi film based on an episode from the Mahabharata and directed by V. Shantaram. Produced by Prabhat Film Company, it has been cited as one of the 21 most wanted missing Indian treasures by P K. Nair, the film was a bilingual made as Sairandhari in both Marathi and Hindi. The music composer was Govindrao Tembe, the cast included Master Vinayak, Leela, Prabhavati, Shakuntala, G. R. It is The first Indian colour film, the film was shot on Agfa B&W 35-mm negative. The release prints were made in Germany by Bipack colour printing process, the film revolved around an incident from the Mahabharata and told the story of Draupadi as Malini/Sairandhari, the thirteenth identity she took in order to remain safe and hidden from the Kauravas. The story is about the twelfth of the thirteen years of the Pandavas exile, Draupadi in her identity as Sairandhari is acting as the maid-in-waiting to Queen Sudeshna. They are in King Viratas palace in Matsya, Kichaka, King Viratas brother-in-law and Sudeshnas brother is an arrogant man who believes that King Virat rules his kingdom because of him. He sees Sairandhari and orders his sister to send Sairandhari to his palace, when she reaches Keechaks palace Bhima who is disguised as the palace cook, arrives to save her and slays Kichaka. Sairandhari was made in colour but for processing Shantaram took it to the UFO studios in Germany, however, the technique failed and the film was released as a Black-and-white production as the colours turned out to be too garish. The film was stated as the first Indian colour film, the processing was done in Germany, even though a good reaction was expected for this colour film - the processing of the negatives was messed up by the lab in Germany causing the colours to be too garish. The audience rejected the film and it played for less than a week, the film is also credited as having the first original soundtrack disc. The Gramaphone Records were pressed from the soundtrack in Germany. Sairandhari at the Internet Movie Database

24. Dharmatma (1935 film) – Dharmatma is a 1935 Hindi social devotional biopic directed by V. Shantaram. The film was a made in Marathi and Hindi. This was the only film directed by Shantaram, though he had made several mythological films. The story and screenplay were by K. Narayan Kale and the music was composed by Master Krishnarao, the cast included Bal Gandharva in his debut role and Chandra Mohan as the villain, with Master Chhotu, K. Narayan Kale, Ratnaprabha, Vasanti and Hari Pandit. The story revolves around his teachings regarding social injustices concerning untouchability, equality and humanity, Eknath concentrates on giving charitable and caring help to people especially those of the untouchable caste. This goes in variance against the vindictive Mahant who opposes such practices, things come to a head when at a prayer meeting, Eknath feeds the untouchables first, before the Brahmins, as would be the normal custom. Eknath does not differentiate between castes and eats at their house too and this enrages the Mahant and he has Eknath ex-communicated. Eknaths son Hari Pandit has joined the people and the Mahant who oppose his fathers practices, Eknath finally arrives at Kashi and defends his behaviour by reciting verses of his poems to Pradayananda Shastri. The film had a budget allocated to it than Prabhats Sant Tukaram made the following year. The original title Mahatma had to be changed due to the censors objection, Chandra Mohans character was given a nervous tic in one eye to make him appear as an ordinary villain, and for expressionistic purposes Shantaram made use of high-angle close-ups. Dharmatma was one of the four films made on caste system around that period. The others were Chandidas, Chandidas, and to a lesser extent Achhut Kanya which had a contemporary setting, the music direction was by Master Krishnarao Phulambrikar, a classical musician who combined with another classicist Bal Gandharva in the film to create a milestone in Indian cinema. The lyrics were by Narottam Vyas, there were sixteen songs in the film and the singers were Bal Gandharva, Vasant Desai, Ratnaprabha, Vasanti and Master Chhotu. Dharmatma at the Internet Movie Database

25. Chandrasena (1935 film) – Chandrasena is a 1935 Hindi/Marathi mythology drama film directed by V. Shantaram for his Prabhat Film Company. The film was simultaneously in Marathi. The cinematographer was K. Dhiaber and the story and dialogue were by Shivram Vashikar, the music direction was by Keshavrao Bhole with lyrics written by K. Narayan Kale. The cast included Nalini Tarkhud, Sureshbabu Mane, Kelkar, Rajani, Shantabai, the film was a remake of Shantaram and Dhaiber directed Marathi film Chandrasena of 1931. The story revolves around an episode in Ramayana where Chandrasena, wife of Ahiravan, (Mahiravan’s, helps Hanuman defeat Mahiravana’s army, indrajit, brother of Ravana, has Rama and Lakshmana kidnapped by Ahiravan and Mahiravana. Mahi hides them away in Pataal, Hanuman, the monkey-god, goes to their help. He is stopped by Makardhwaja whom he defeats, makar takes him to Chandrasena, wife of mahi who worships Rama and desires to spend her life with him. With her help, Hanuman manages to defeat the army of Mahi. Chandrasena tells Hanuman the secret of destroying Mahi because of which he is able to release Rama and it made excessive use of special effects, especially showing flying figures, magic arrows and a gigantic Hanuman. Several remakes of the episode from Ramayana involving the episode of Chandrasena have been produced and this 1935 version itself was made both in Hindi, Marathi and Tamil. The Prabhat Film Company had made the early version Chandrasena in 1931, homi Wadia made Chandrasena under his Basant Pictures banner, which was directed by Babubhai Mistry. The music composer for the film was Keshavrao Bhole with lyrics written by K. Narayan Kale, the singers were Rajni, Nalini Tarkhud, Sureshbabu Mane, Buwa Saheb. Chandrasena at the Internet Movie Database

26. Amar Jyoti – Amar Jyoti is a 1936 Hindi social, action adventure, drama film directed by V. Shantaram. Produced by Prabhat Film Company and cited as a film along with Shantarams earlier Amrit Manthan. K. Narayan Kale wrote the story with dialogues by Narottam Vyas, the music was composed by Master Krishnarao. The director of photography was V. Avadhoot, and the cast included Durga Khote, Chandra Mohan, Shanta Apte, Nandrekar, Vasanti, the film was about a rebellious female pirate. The storys social relevance in the form of an action adventure involved a queen who becomes a pirate when she faces extreme patriarchal laws and is denied custody of her son. Saudamini is denied custody of her son by the Queen and the tyrannical Minister of Justice Durjaya after she separates from her husband, Durjaya tells her that a woman is the slave of her husband and essentially has no rights. This enrages Saudamini and she vows vengeance and becomes a pirate and she and her pirates capture a ship which is supposed to be carrying the princess Nandini. However, she finds her old enemy Durjaya and takes him prisoner cutting off one of his legs, Nandini has been hiding in chest, and when she comes out of it, the imprisoned Durjaya sees her. He falls in love with her and offers her his food, Nandini however falls in love with a young shepherd boy Sudhir. When she meets Saudamini and her helper Rekha she joins them as a pirate, Durjaya escapes with the help of Sudhir and arrives to arrest Saudamini. Saudamini is captured but the others along with Nandini and Rekha escape and it is finally revealed that Sudhir is Saudaminis long-lost son. Nandini and Sudhir marry and Rekha carries forward Saudaminis legacy, Durga Khote as Saudamini Chandra Mohan as Durjaya, Minister of Justice Shanta Apte as Princess Nandini Vasanti as Rekha Aruna Devi as the Queen Keshav Narayan Kale as Shekhar B. Nandrekar as Sudhir Vasant Desai The film has been cited as a film, an outstanding film, an adventure classic. The film became a big success at the box-office with three main reasons cited for this achievement, the first was Durga Khote as the pirate Saudamini leaving an impact on the audiences, where she excelled in her role. The second reason for the success of the film is attributed to the special effects, the third was the music and the songs. The films music director was Krishnarao Phulambrikar, who is stated as setting up the Maharashtra School of Hindi Film Music, the composer employed the one-hundred-year tradition of Maharashtra Natak Sangeet blending it with Hindustani music in the form of duets, ghazal and marching songs. One of the song was Suno Suno Ban Ke Praani sung by Shanta Apte. The other was Aaj Humen Ban Behad Bhata a duet by Shanta Apte and Nandrekar, the title song is cited as Shantaram’s classic number

27. Kunku – Kunku is a 1937 Marathi classic social drama film directed by V. Shantaram, and based on the novel, Na Patnari Goshta by Narayan Hari Apte, who also wrote film’s screenplay. The film was released in Hindi as Duniya Na Mane. The movie went on to both a critical and commercial success, and was shown at the Venice International Film Festival. The film is now hailed for its attack on the treatment of women in Indian society. For films lead actress, Shanta Apte, it was third most memorable performance in a row, after V. Shantarams previous classics, Amrit Manthan and Amar Jyoti. Besides other songs, she sang a full-fledged English song in the film, A Psalm of Life. The basic storyline revolves around a woman, Nirmala rebelling against her marriage to a much older widower, Kaka Saheb. The story is based on a novel by Shri and it reminds us instinctively of the story of Sharada, a play by Deval which had long been a classic of Marathi theatre. Neera, a girl, is married off to an old widower by her foster-parents. The deal is obviously motivated by considerations of money, the shock of the marriage is too much for the girl, but she bravely tries to accommodate herself in the house. The widower deceives himself into believing that he is not old enough to have lost his manhood. His college-going son tries to flirt with his stepmother, while a widowed daughter of his sympathises with her in her woe. Some cheer is added to Neeras life through the company of a girl belonging to the household. However, when the old man realises the implications of his action, he commits suicide. The songs are from the lead actress Shanta Apte even sung, Shantaram Athavale wrote the lyrics to the music of Keshavrao Bhole. The English text of the song in the broad field of battle. Be not like dumb, driven cattle is a poem by Henry Wadsworth Longfellow, many of these images symbolize the impotence of the old man

28. Manoos – Manoos, also called Lifes for Living, is a 1939 Indian Marathi social melodrama film directed by V. Shantaram. The movie then remade in Hindi as Aadmi, the film was based on a short story called The Police Constable. The story was by A. Bhaskarrao with screenplay and dialogue by Anant Kanekar, the cinematographer was V. Avadhoot and the music was composed by Master Krishna Rao with lyrics by Kanekar. The cast included Shahu Modak, Shanta Hublikar, Sundara Bai, Ram Marathe, Narmada, Ganpatrao, manoos, termed as a reformist social melodrama, involved the subject of an honest policemens love for a prostitute and his attempts to rehabilitate her, and the rejection by society. Shahu Modak plays the role of an honest policeman, Ganpat and he saves her when there is a police raid on the sex-workers. Over their several meetings he falls in love with her and he attempts Mainas rehabilitation by getting her out of that atmosphere by marrying her. In this endeavour he takes her to meet his mother to get her approval, Modak resorts to drinks and descends into alcoholism. Maina is driven by guilt and is unable to bear the jeers and she finally kills her evil uncle and refuses Ganpats help when arrested. The film completed 75 years in 2014, and still remains fresh, the film is stated to be classic along with his other two films Kunku and Padosi, and cited as one of the best social films that became successful. It was appreciated by the audiences and commended by Charlie Chaplin, Shantaram had initially decided to take Shanta Apte as the sex-worker and had auditioned the music director Vasant Desai for the heros role. Desais screen test was successful, however, he was disappointed when Shantaram informed him that he was taking the newcomer Shahu Modak for the part, modaks debut role had been as a child star opposite Shanta Apte in Shyam Sunder, where he played the child Krishna. With Manoos/Aadmi he became a top level star, Shantaram visited the red light areas of Bombay in order to achieve accurate sets, which were recreated by S. Fattelal at Prabhat Studios. Director Shyam Benegal stated in the report that it was hard to believe the scenes were shot in a studio. A retired army officer was hired to give training to Modak, the training sessions turned out be vigorous and lengthy and Modak had to ask them to be stopped. The film bore some similarity to Waterloo Bridge, directed by James Whale, the music composer was Master Krishnarao and the lyricist was Anant Kanekar. The song, Kashala Udyachi Baat- Hi Sarun Chalali Raat became popular and it contained a mix of six Indian languages, Marathi, Hindi, Tamil, Telugu, Bengali, Gujarati and Punjabi. According to Anil Damle, grandson of Vishnupant Govind Damle, the music composer Anil Biswas and other composers were hired to get the correct lyrics. Manoos at the Internet Movie Database

29. Aadmi (1939 film) – Aadmi is a 1939 Hindi social reformist film directed by V. Shantaram. It was a remake of the Marathi film Manoos and is regarded as a classic from the Prabhat Film Company. The film starred Shahu Modak, Shanta Hublikar, Sundara Bai, Ram Marathe, Ganpat Rao, Ulhas and Gauri The music was composed by Master Krishna Rao and the lyrics were by Munshi Aziz. The story is about a policeman who marries a sex worker in order to better her life but is faced by an unforgiving society, the film was a remake of his classic Marathi film Manoos made the same year which was appreciated by the audiences and commended by Charlie Chaplin. The film is considered a classic along with his two films Duniya Na Mane and Padosi and one of the best social films made that became successful. The music director Master Krishnarao was considered as an innovator with the orchestra and his tune Ta Ra Ra Nao Na from this film is an example of the modernisation. This was also the first film with a song in different languages, sung by Shanta Hublikar, the song Kis Liye Kal Ki Baat had six different folk styles and languages, Hindi, Punjabi, Gujarati, Tamil, Telugu and Marathi. It was critically acclaimed by Baburao Patel in his review of the film in the cine-magazine Filmindia of October 1939, another notable song cited was Man Paapi Bhoola Kaun Ise Samjhaye sung by Bai Sundrabai. There is also a parody of the famous Ashok Kumar and Devika Rani song from Achhut Kanya Main Ban Ka Panchhi to Main Panch Ban Ban Dolu Re sung by Shanta Hublikar, Aadmi at the Internet Movie Database Aadmi on Youtube Aadmi Songs Surjit Singh

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