The Supreme Court is scheduled to hear a Public Interest Litigation (PIL) on April 2 that seeks to revolutionize how land disputes are settled in India. The petition calls for the establishment of a dedicated “Revenue Judicial Service” and demands that public servants presiding over property matters possess formal legal qualifications and undergo standardized judicial training.
The plea, filed by advocate Ashwini Upadhyay and drafted by advocate Ashwani Dubey, contends that the current system—where revenue officers without legal backgrounds adjudicate complex issues of title, inheritance, and possession—is inherently flawed and violates fundamental rights.
According to the petition, approximately 66 per cent of all civil cases in India are related to land disputes. The “key lacuna” identified in the plea is that these high-stakes matters are being decided by administrative officers who lack the necessary legal education.
The petition argues that this lack of expertise results in “erroneous and inconsistent decisions,” leading to:
- Prolonged uncertainty over property rights.
- Restrictions on the use and transfer of land.
- Increased litigation costs for citizens.
- A denial of effective access to justice.
The PIL asserts that subjecting citizens to adjudication by non-qualified professionals infringes upon the fundamental rights guaranteed under Articles 14 (Equality before law) and 21 (Right to life and personal liberty) of the Constitution.
“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,” the plea stated.
The petitioner has sought several specific directions from the top court:
- Revenue Judicial Service: The creation of a specialized service to handle land-related judicial matters.
- Minimum Qualifications: Mandating the Centre and States to prescribe minimum legal qualifications and a judicial training module, developed in consultation with High Courts, for revenue officers.
- Judicial Declaration: A declaration that the adjudication of title, succession, and possession by public servants without formal legal education is “legally impermissible.”
- High Court Supervision: A directive ensuring that the adjudication of such property rights is supervised and monitored by the respective High Courts.
The plea further noted that while the Allahabad High Court had previously dealt with this issue, its directions have not been implemented in “letter and spirit” to date.
