NEW DELHI: The Supreme Court has issued a notice to the Centre and other relevant bodies, seeking their response to a Public Interest Litigation (PIL) advocating for the establishment of a dedicated revenue judicial service. The plea emphasizes the need for prescribed minimum legal qualifications and training modules for public servants tasked with adjudicating land disputes across the country.
Information was available with The Chenab Times that a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi directed the Union of India and the Law Commission to respond to the PIL. The petition was filed by advocate Ashwini Upadhyay, who argued that the current system allows individuals without adequate legal expertise to decide complex land matters, leading to significant issues.
The PIL highlighted that approximately 66 percent of civil cases in India are related to land disputes. A critical deficiency identified in the current framework is the adjudication of these cases by officers who lack formal legal education and comprehensive training. This, the petitioner contends, frequently results in decisions that are both erroneous and inconsistent, causing widespread prejudice to citizens.
The petition, drafted by advocate Ashwani Dubey, pointed out that while the Allahabad High Court had previously addressed this issue, its directives have not been fully implemented. The absence of a specialized service and standardized qualifications for revenue officials overseeing land disputes leads to prolonged uncertainty regarding property rights. This instability, in turn, impedes the use and transfer of land, escalates litigation costs, and obstructs effective access to justice, thereby infringing upon the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.
The petitioner urged the court to direct the Centre and state governments to formulate a minimum legal qualification standard and a judicial training module for revenue officers. This process, the plea suggests, should be conducted in consultation with the respective High Courts. The proposed training would cover the adjudication of title, succession, inheritance, possession, and other property-related rights.
Furthermore, the PIL seeks a declaration that the adjudication of critical property rights by public servants lacking formal legal education and judicial training is legally impermissible. It also calls for a directive that the adjudication of title, succession, inheritance, possession, and other property rights be subject to supervision and monitoring by the respective High Courts. This move aims to bring greater legal rigor and consistency to the resolution of land disputes nationwide.
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