September 26,2017:

Bench ruled that adjudication of title over any property squarely fell within the domain of Civil Courts.

Supreme Court  has stopped the Governments from taking over the private properties, including those belonging to the Hindu religious and charitable institutions, through the adjudications by the Collectors if owners of these assets had no heirs and died without executing the wills.

Apex Court Bench comprising of Justice N V Ramana and Justice D Y Chandrachud have barred the collectors from taking up the adjudication of the title over any property, which fell squarely within domain of the civil courts.

Jusrice Chandrachud expounded that,”To allow the administrative authorities of State including Collector to adjudicate upon the matters of title involving the civil disputes would be destructive of Rule of Law”.

He further enunciated that,”Collector is an officer of State. An Adjudicatory function could not have been arrogated to himself by Collector. Adjudication on the titles must follow recourse to ordinary Civil Jurisdiction of the Court of competent jurisdiction under the Section 9,Code of Civil Procedure”.

This ruling saved the assets of two Haridwar-based Religious Institutions which are Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust and another from being taken over by Uttarakhand Government after Collector initiated the proceedings under Section 29,Hindu Succession Act.

Anna Kshetra Trust was set up in the year 1955 by Swamy Udhav Das ji Maharaj, has vast property situated in Haridwar which is being used for the charitable purposes, including arranging for stay of the pilgrims and saints who visit holy city.

SC Judgement Debarring District Collectors From Deciding on Properties Left Intestate by Latest Laws Team on Scribd