NEW DELHI: The Supreme Court on Thursday sought a response from the Center and others on a PIL seeking directions to set up a revenue judicial service, fix minimum statutory qualifications and training module for public servants adjudicating land disputes.
A bench of Chief Justice Surya Kant and Justice Joymalia Bagchi issued notice to the Union of India, Law Commission and others on a petition filed by advocate Ashwini Upadhyay who claimed that unqualified legal professionals were deciding land disputes.
The petition stated that approximately 66 percent of civil cases were related to land disputes, and the main shortcomings were that these cases were adjudicated by officers who lacked formal legal education and training, resulting in erroneous and inconsistent decisions.
The petition drafted by advocate Ashwani Dubey stated that the Allahabad High Court had dealt with the issue, but its directions had not been implemented in letter and spirit so far.
The current system causes widespread and continuing harm to citizens by subjecting the adjudication of land disputes to revenue officials without a legal background, leading to arbitrary, inconsistent and wrong decisions.
This leads to prolonged uncertainty over property rights, restricts land use and transfer, increases litigation and costs, denies effective access to justice and thus violates the fundamental rights guaranteed under Articles 14 and 21 of the Constitution, the petition said.
It sought directions to the Center and states to prescribe minimum legal qualifications and judicial training module in consultation with the Supreme Court for revenue officers adjudicating ownership, succession, inheritance, tenure and other property rights.
The petition read, directing and declaring that the adjudication of property, succession, inheritance, tenure and other property rights by public officials without formal legal education and judicial training is not legally permissible;
Directing and declaring that the adjudication of property, succession, inheritance, tenure and other property rights shall be supervised and controlled by the relevant Supreme Court. PTI PKS SJK PKS DV
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