The High Court had recently directed the Union ministry of finance to approach the Mumbai Port Trust with a proposal asking for land to accommodate the Debt Recovery Tribunal and Debt Recovery Appellate Tribunal.
The Bombay High Court has raised an alarm on shortage of spaces to house tribunals and courts. It has made it clear that proper court complexes have to be provided to the judiciary and stop-gap arrangements of providing accommodation in government buildings won't suffice.
A division bench of justices S C Dharmadhikari and B P Colabawala recently said, "It is time that the central government, state government and other authorities realise that the space constraints of tribunals and courts in Mumbai cannot be solved by making these arrangements, shifting courts on some floors or portions of existing buildings and used by public sector corporation and central government entities. That will not solve the problem completely."
The High Court had recently directed the Union ministry of finance (MoF) to approach the Mumbai Port Trust (MbPT) with a proposal asking for land to accommodate the Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT). Additional Solicitor General Anil Singh and Advocate Mohamedali Chunawala, however, informed the court that MbPT has received 32 such proposals from various departments of the Maharashtra government and so the MoF proposal may not be decided on a priority basis.
The bench then said, "If the port trust has in its possession land on which some structures have been erected and constructed long time back, but presently unused and unutilised, then, the structures and the lands beneath can be handed over. Thereafter, the other ministries and departments in the central government can put up a court complex, wherein it would be possible to house the tribunals such as Debt Recovery Tribunal (DRT) and Debt Recovery Appellate Tribunal (DRAT). It is time that such lasting and permanent solution is found."
The court gave the direction while hearing a petition filed by Suraj Jadhav, who had approached the court highlighting the problems faced by the litigants after the Mumbai chairperson of DRAT proceeded on a medical leave since April and the charge was transferred to the Chennai tribunal. Only after the matter was filed in the High Court, the ministry appointed a full-time chairman for Mumbai.
Earlier, the president of the DRT bar association, Advocate Umesh Shetty, had told the court, "The DRT and DRAT are presently operating from one building in Ballard Pier. Collectively, the area used would be around 7,500 square feet. This much space is not sufficient for the functioning of the tribunal. Amenities such as water-coolers, sitting area, toilets are not available. Because of space constraints, complete digitalisation is not possible, delaying the uploading of judgements/orders."
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