HC directs Shirdi Saibaba Trust to pay pending dues to civic body

In 2018, the Trust as per the stipulations of the Shree Saibaba Sansthan Trust (Shirdi) Act, 2004, had decided to release an amount of ₹30 lakh per month for cleaning and sanitation work in the town

Mumbai The Bombay high court (HC) has set aside the June 2020 decision of the ad-hoc committee of Shree Saibaba Sansthan Trust at Shirdi, which put a stop on payment of the pre-decided fee of ₹42.51 lakh per month for sanitation and cleaning purposes of the town to the local civic body.

The HC, while holding that though devotees were not visiting the temple due to the pandemic, residents of Shirdi continued to live there and hence cleaning and sanitation work were anyway carried out even during the pandemic (HT File)

The HC, while holding that though devotees were not visiting the temple due to the pandemic, residents of Shirdi continued to live there and hence cleaning and sanitation work were anyway carried out even during the pandemic. The HC then directed the trust to pay the municipal council arrears from June 2020.

The division bench of justice RD Dhanuka and justice SG Mehare, while hearing a clutch of petitions which included that of the Shirdi Nagar Panchayat and other individuals, had been informed by advocates for the petitioners that the June 2020 decision of the ad-hoc committee of the Trust was arbitrary and contrary to the established procedure which it was bound to abide for a period of five years.

In 2018, the Trust as per the stipulations of the Shree Saibaba Sansthan Trust (Shirdi) Act, 2004, had decided to release an amount of ₹30 lakh per month for cleaning and sanitation work in the town. The amount was later increased to ₹42.51 lakh through a government notification. The trust had been paying the amount regularly to the Shirdi Nagar Panchayat till the start of the pandemic. Due to the decrease in the income of the Trust during the pandemic, the ad-hoc committee had decided to discontinue paying the amount.

The panchayat and other affected individuals approached the HC seeking a declaration that the decision of the ad-hoc committee was not maintainable and should be set aside. The petitioners had also prayed for directions to the Trust to make payment of the outstanding amount.

The petitioners had argued and submitted photographs to show that due to non-payment of the pre-decided fees by the Trust, the entire town had been inundated with garbage and though a representation was made to the ad-hoc committee to release funds for the continuation of cleanliness and sanitation work, it had refused, thus causing health problems for the residents.

The counsel for the ad-hoc committee had however submitted that the decision of the court appointed committee to stop making the payment of ₹42.51 lakh was due to allegations of misappropriation of funds by the panchayat. The resolution to stop paying the amount was in the interest of the Trust as well as the larger interest of the public.

After hearing the submissions, the bench noted in its order, “Even during the period of pandemic, the local residents continued to reside in the Shirdi town and thus the petitioner being municipal council was required to carry out this obligation including the obligation to maintain cleanliness and sanitation in Shirdi town.”

In light of this observation, the bench held that as the contractor had been contracted in light of the government notification, the June 2020 decision of the Trust was not valid and hence it was being set aside. The bench directed the Trust to pay the pending balance amount within four weeks.