New Delhi: The Supreme Court on Thursday sought response from the Centre and others on a PIL seeking directions to establish a revenue judicial service, and prescribe minimum legal qualification and training module for public servants adjudicating land disputes.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice to the Union of India, Law Commission and others on a plea filed by advocate Ashwini Upadhyay who claimed that non-qualified legal professionals were deciding land disputes.
The plea submitted that nearly 66 per cent of civil cases were related to land disputes, and the key lacuna was that they were being adjudicated by officers lacking formal legal education and training, resulting in erroneous and inconsistent decisions.
The petition drafted by advocate Ashwani Dubey stated that the issue was dealt with by the Allahabad High Court, but its direction has not been implemented in letter and spirit to date.
The present system causes widespread and continuing injury to citizens by subjecting the adjudication of land disputes to revenue officers without legal background, resulting in arbitrary, inconsistent and erroneous decisions.
This leads to prolonged uncertainty over property rights, restricts the use and transfer of land, increases litigation and costs, and denies effective access to justice, thereby infringing the fundamental rights guaranteed under Articles 14 and 21 of the Constitution, the plea said.
It sought directions to the Centre and the states to prescribe a minimum legal qualification and judicial training module in consultation with the high court for revenue officers adjudicating title, succession, inheritance, possession and other property rights.
The plea said, direct and declare that adjudication of title, succession, inheritance, possession and other property rights by public servants without formal legal education and judicial training is legally impermissible;
Direct and declare that adjudication of title, succession, inheritance, possession and other property rights shall be supervised and monitored by the respective high court.
