The court suggested to the ministry that CR has vacant space on P Demello Road and it comes under the central government. The Ministry of Finance can request them to provide a sufficient amount of space where DRAT and DRT can be housed, considering that there is a demand for extra DRATs in Mumbai.
The Bombay High Court on Wednesday observed that courts may not be the top priority of the state finance ministry, but suggested that the latter should nonetheless scout for places to accommodate Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs) in areas that are in possession of Central Railways (CR), Mumbai Port Trust and MTNL, or at the Air India Building.
A division bench of SC Dharmadhikari and Justice GS Patel said, "Courts may not be your (finance ministry's) top priority but don't neglect us." It added, "Tribunals cannot be temporary structures, the litigation there cannot come down. Consider the next 10 years when you make plans for providing place for them. It shouldn't be a stopgap accommodation or be a place in an existing government building."
The court suggested to the ministry that CR has vacant space on P Demello Road and it comes under the central government. The Ministry of Finance can request them to provide a sufficient amount of space where DRAT and DRT can be housed, considering that there is a demand for extra DRATs in Mumbai.
The court reminded the ministry that it should not give space in densely-located areas where there are problems of noise pollution, scarcity of space, and a lack of parking facilities, since that would deter presiding officers from taking charge. "There needs to be adjudication done and application of mind to important matters is required, and for that a presiding officer needs peace of mind," the court said.
Additional solicitor general Anil Singh, appearing for the ministry, told the court that it has identified a building in Vashi, Navi Mumbai where the DRAT and DRT can be shifted. The court, however, court said, "Vashi should be the last option."
The court gave the suggestions while hearing a petition filed by one Suraj Jadhav, who had approached the court highlighting the problems faced by litigants after the Mumbai chairperson of DRAT went on a medical leave in April last year. Charge had then been transferred to the Chennai tribunal, causing great inconvenience to litigants in the city. Only after the matter was filed in the high court did the ministry appoint a full-time chairman for the Mumbai area.
The DRAT chairman has resigned from his post and the finance ministry informed the court that the selection process for a new chairman is going on and the final list would be made by March 31. The court has directed the ministry to fill up the post by April 13.
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