Delhi HC Comes To Rescue Of Charitable Hospital Whose Lease Dead Was Cancelled By DDA

While considering an enchantment regarding the cancellation of the lease deed of a charitable medical institution built on public land, the Delhi (HC) High Court bench these days determined that is the sense of right and wrong-keeper of democracy. The court cannot turn a blind eye while the ends of justice bulldoze in massive daylight hours.

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It is placing apart the trial court judgment, which had maintained the 1995 order of the Delhi Development Authority canceling the rent work. The Delhi HC bench containing Justice Chandra Dhari Singh stated it is a travesty of justice that a group donates to a noble motive of operating a charitable hospital on public land and supplying sound studies. The remedy facilities have been to suffer the rigors of revocation of the lease work and vacation of the property.

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"Law, which should be an instrument for confirming welfare, is being decreased to a means of atrocity in the instant case. Being a constitutional court and the conscience-keeper of democracy, this HC cannot turn a blind eye when the ends of the justice are bulldozing in broad daylight," Justice Chandra Dhari Singh quoted, as mentioned by PTI.

The organization is imparting the State's welfare functions, and undue harassment to cause it will lead to an anathema of law's rule, the Court stated.

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These observations came from the court while considering a plea by Khosla Medical Institute. This society had set up a medical research center and hospital in Shalimar Bagh, challenging a trial court judgment supporting the 1995 order of the Delhi Development Authority canceling its lease deed and directing to vacate the assets and quit the ownership.

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The government canceled the lease deed after preserving that the institute had transferred the belongings to 0.33 parties by inducting them as new contributors and violating the lease deed's terms.

The High Court did allow the institute's appeal towards the trial court's judgment and against the authorities' decision to cancel the lease deed. Saying, "The order dated December 7, 1995, canceling/terminating the lease deed of the appellant university did also set aside since the finding of the concerned administration was not supported or substantiated by any conclusive record."

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It said that in the lack of evidence substantiating that the terms of the lease act did violate, the basis for cancellation did not survive.

The High Court says the trial court also failed to suppose that there was no conclusive proof or document to establish that. The title and ownership of the institute were transferred to a third party seeing that there has been neither any conveyance work, a title deed, or any other document to expose that the assets, land or the institute did transfer.

A mere advertisement did not imply that the institute concluded a sale, and even the affidavit of the assets agent did not verify at the time of the proof exam, it said.

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