Land-related cases must be quickly disposed of

It is heartening to note that the government has finalised the draft of the amendment to the State Acquisition Tenancy Act-1951 that would abolish land survey tribunals (LSTs) to ease the disposal of land-related cases. The LST chapter has been abolished from this act. It rather incorporates a provision stating that the cases pending before LSTs for disposal would be transferred before civil courts, which would dispose them of in line with the law. More than three lakh cases are currently pending before 41 LSTs across the country for disposal, resulting in immense suffering for the litigants.

Smooth functioning of the judicial system is one of the preconditions for good governance in a country. But how much of it is realized in our context is a pertinent question. There are thousands of cases related to land disputes in the country.  Delay in disposal of these cases takes their toll on people who go to courts for justice. In the prolonged process, the litigants suffer in terms of money and time. Harassments for no fault on their part also follow. In some cases, a case may drag on for years together and even from generation to generation. A long, cumbersome and complicated disposal of a case may cause great financial drain for a litigant.

Many people are denied justice, harassed and intimidated, as they cannot engage competent lawyers to fight their cases in their favour. Many languish in jails as they fail to prove their innocence. This is very unfortunate in a democratic country like ours. Appointment of judges and magistrates alone will not solve the problems unless they are obliged to work in a firmly laid out and accountable system for quick disposal of cases. It is the responsibility of the state to activate them to ensure accountability and transparency. Frequent shifting of dates for hearing of cases does great harm to people seeking quick dispensation of justice.

There are also people who cannot think of accessing the courts because of poverty; they cannot engage lawyers to get legal services. There is a system for extending free legal aid to impoverished people by the government. But it has its own limitations. It should be strengthened for more people to be benefited by it.

 

 

Land-related cases must be quickly disposed of

It is heartening to note that the government has finalised the draft of the amendment to the State Acquisition Tenancy Act-1951 that would abolish land survey tribunals (LSTs) to ease the disposal of land-related cases. The LST chapter has been abolished from this act. It rather incorporates a provision stating that the cases pending before LSTs for disposal would be transferred before civil courts, which would dispose them of in line with the law. More than three lakh cases are currently pending before 41 LSTs across the country for disposal, resulting in immense suffering for the litigants. Smooth functioning of the judicial system is one of the preconditions for good governance in a country. But how much of it is realized in our context is a pertinent question. There are thousands of cases related to land disputes in the country. Delay in disposal of these cases takes their toll on people who go to courts for justice. In the prolonged process, the litigants suffer in terms of money and time. Harassments for no fault on their part also follow. In some cases, a case may drag on for years together and even from generation to generation. A long, cumbersome and complicated disposal of a case may cause great financial drain for a litigant. Many people are denied justice, harassed and intimidated, as they cannot engage competent lawyers to fight their cases in their favour. Many languish in jails as they fail to prove their innocence. This is very unfortunate in a democratic country like ours. Appointment of judges and magistrates alone will not solve the problems unless they are obliged to work in a firmly laid out and accountable system for quick disposal of cases. It is the responsibility of the state to activate them to ensure accountability and transparency. Frequent shifting of dates for hearing of cases does great harm to people seeking quick dispensation of justice. There are also people who cannot think of accessing the courts because of poverty; they cannot engage lawyers to get legal services. There is a system for extending free legal aid to impoverished people by the government. But it has its own limitations. It should be strengthened for more people to be benefited by it.