New Delhi, March 30 A Public Interest Litigation (PIL) has been filed in the Supreme Court, arguing that unqualified legal professionals were deciding land disputes. The PIL seeks directions to establish a revenue judicial service and prescribe a minimum legal qualification and training module for public servants handling such matters.
The plea, filed by advocate Ashwini Upadhyay, states that nearly 66% of civil cases involve land disputes. The key issue is that these cases are being adjudicated by officers lacking formal legal education and training, leading to erroneous and inconsistent decisions.
The Supreme Court is likely to hear the matter on April 2.
The petition drafted by advocate Ashwani Dubey states that the Allahabad High Court has addressed this issue, but its directions have not been implemented in practice.
"The current system causes widespread and ongoing harm to citizens by subjecting the adjudication of land disputes to revenue officers without a legal background, resulting in arbitrary, inconsistent, and erroneous decisions.
"This leads to prolonged uncertainty regarding property rights, restricts the use and transfer of land, increases litigation and costs, and denies effective access to justice, thereby infringing upon the fundamental rights guaranteed under Articles 14 and 21 of the Constitution," the plea says.
It seeks directions to the Centre and states to prescribe a minimum legal qualification and judicial training module in consultation with the High Court for revenue officers handling title, succession, inheritance, possession, and other property rights.
The plea states: "Direct and declare that the 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 the adjudication of title, succession, inheritance, possession, and other property rights shall be supervised and monitored by the respective High Court."