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SC seeks govt replies on plea for Revenue Judicial Service
The Supreme Court seeks responses on a petition for a Revenue Judicial Service to address land disputes by qualified professionals, highlighting legal incompetence.
The Supreme Court on Thursday sought the response of the Centre and governments of all states and union territories on a petition seeking establishment of a Revenue Judicial Service (RJS) to enable adjudication of land disputes by qualified legal professionals.
“This is a very interesting point,” said a bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi while issuing notice on the public interest litigation (PIL) filed by advocate Ashwini Kumar Upadhyay.
However, the court raised a note of caution. “It may be said that is a question of legislative competence,” the bench added, responding to the petition which sought minimum legal qualification and training for public servants (collectors, sub divisional officers, tehsildars ) adjudicating land disputes (most do not have a legal background).
Upadhyay, who argued in person, said that the issue was previously addressed by the Allahabad high court in a 2005 judgment in Chandra Bhan vs. Deputy Director of Consolidation, Gorakhpur and requested the court to direct the Centre and States to implement that judgment. He said that a genuine problem exists as nearly 66% of the civil cases relate to land disputes which are handled by officers who are not legally trained. This results in erroneous and inconsistent decisions that increase the burden on the judiciary due to frequent challenges.
“The injury caused to the citizens is extremely large,” Upadhyay said , adding that civil disputes decided in this manner lead to prolonged uncertainty over property rights and restricts the use and transfer of land for years. It also increases litigation and costs and denies effective access to justice for citizens, he said.
The Allahabad High Court judgment, in the Chandra Bhan case recognised that authorities tasked with adjudication of land disputes perform a judicial function which involves complex questions of law.
The court posted the matter after four weeks to examine the responses from the Centre and states/UTs along with Law Commission of India, which is also added as a party in Upadhyay’s petition.
