HC stays DRT order on land | india | Hindustan Times
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HC stays DRT order on land

india Updated: Oct 27, 2006 16:09 IST

INDORE HIGH Court bench of Justice N K Mody on Thursday granted a stay on the mutation ordered by Debt Recovery Tribunal, Jabalpur, in connection with Cancer Care Trust. The court has also ordered to issue notices to respondents in the case.

The State Government, through the District Collector, had on October 11 filed a writ petition at Indore High Court bench against DRT with a plea to quash the latter’s order of mortgaging 10 acres of expensive land that was once leased out to Cancer Care Trust at Pigdambar near Rau. The other respondents in the case are Cancer Care Trust, Bank of Baroda and Raman Foundation.

The Tribunal recovery officer issued a notice to District Collector this month stating that administration should transfer the land to Raman Foundation, failing which it should be ready to face contempt.

Challenging the DRT order, the petitioner said that DRT being a quasi-judicial body had no right to order mutation to district administration in the case nor did it have powers to initiate contempt proceedings against administration.

Besides, the writ maintained that the Tribunal had no jurisdiction to order mortgaging the government property without having received latter’s permission. The petitioner maintained that only Tehsildar under Sections 109, 110 of MP Land Revenue Code has these powers and not Tribunal, which is not a full-fledged court.

In April 2006, the Tribunal had ordered to mortgage the land of Cancer Care Trust to recover the money it had to pay to Bank of Baroda from which it had taken a loan to promote the Trust’s activities of serving poor cancer patients.
The administration had cancelled the lease of land and had charged the Trust with breaching lease clauses.