HC dismisses plea on sale of prime Osho trust land in Pune

A division bench of the Bombay High Court in its order observed that the OIF has not made a “genuine and compelling case” to sell its prime land in the Koregaon Park area

The Bombay High Court on Monday turned down the plea of Osho International Foundation (OIF) challenging the charity commissioner’s order denying permission for selling the Ashram land estimated to be worth ₹107 crore.

The joint charity commissioner had also ordered a special audit of the OIF affairs between 2005 and 2023 to be conducted by a team of two special auditors. (HT PHOTO)

The joint charity commissioner had on December 7, 2023, stopped OIF, currently incharge of Pune’s famed Osho Commune, from selling two plots measuring around 9,800 square metres in upscale Koregaon Park, following which the trust appealed in the high court.

A division bench of the Bombay High Court in its order observed that the OIF has not made a “genuine and compelling case” to sell its prime land in the Koregaon Park area.

The two-judge bench of Firdosh P Pooniwalla and GS Kulkarni in their order stated, “The petitioner had not made out a genuine and compelling necessity to alienate its valuable property situated at a prime location at Pune would require no interference.”

The high court observed that such findings are based on materials and the record, “hence these findings cannot be regarded as perverse or in any manner illegal or unconscionable, requiring interference of this court.”

The joint charity commissioner had also ordered a special audit of the OIF affairs between 2005 and 2023 to be conducted by a team of two special auditors.

The court also upheld the joint charity commissioner’s order directing a special audit of the OIF. “The special audit of the Osho International Foundation shall be conducted for the period from 2005 to 2023 by a team of two special auditors to be appointed by Assistant Charity Commissioner, Greater Mumbai Region, within one month from the date of the order,” the court said.

“The petition is devoid of merits. It is accordingly rejected. No costs,” the order stated.

The high court ordered OIF to refund amount of ₹50 crore without interest offered by Rajivnayan Rahulkumar Bajaj and Rishab Family Trust, who were to purchase the land. The OIF submitted before the court that it had returned the amount.

OIF spokesperson Maa Sadhana said, “We will file an appeal against the order.”

The court order further stated that the trustees, manager and other people looking into the accounts of the trust shall make available all the records and books of accounts, receipt books, vouchers, ledgers etc during the said period to the special auditors and cooperate with them in all respects.

The OIF in its petition had contended that its finances had depleted in or around the period when the country was hit by the Covid-19 pandemic. The regular activities of the petitioner were adversely affected. A situation prevailed that it was not possible to immediately restart the meditation activities in the near future.

“This severely affected the cash flow of the petitioner resulting into an inability of the petitioner to meet its financial obligations for maintaining the premises and the properties,” the petition stated.

The OIF stated that considering such a financial situation desired to alienate the said property as decided in the meeting of the governing body. The decision of the petitioner to alienate the said property was to receive an adequate cash flow, to maintain its properties, upkeep its various premises, staff and salaries, so as to mitigate financial constraints.