Court Rules PLAs Cannot Adjudicate Complex Civil Disputes Involving Property Rights
The Rajasthan High Court has set aside an order by the Permanent Lok Adalat (PLA) in Bikaner, which directed the issuance of a patta (land ownership document) to respondent Poonam Chand. The court held that the PLA overstepped its jurisdiction by adjudicating a matter involving complex property rights, which should be determined by a civil court.
The case, titled Urban Improvement Trust, Bikaner v. Poonam Chand, involved a writ petition filed by the Urban Improvement Trust challenging the PLA's order dated January 17, 2018. The PLA had directed the grant of a patta for a plot of land, which the respondent claimed, without the land being properly mutated in the respondent's name.
Justice Farjand Ali, presiding over the matter, emphasized that the jurisdiction of PLAs is confined to pre-litigation resolution of disputes related to public utility services, as stipulated under Sections 22A and 22B of the Legal Services Authorities Act, 1987. The court clarified that PLAs do not possess the authority to resolve disputes involving complex legal questions, determination of title, ownership, or proprietary rights over immovable property.
The court observed that although housing and real estate services are included within public utility services, the issuance of patta involves substantive civil rights, which are beyond the PLA's purview. The judgment reiterated that such matters fall within the exclusive domain of civil courts, as per Section 9 of the Civil Procedure Code, 1908.
Ultimately, the High Court quashed the PLA's order, underscoring the need for such disputes to be resolved through the due process of law in civil courts rather than through summary proceedings in PLAs.
Bottom Line:
Permanent Lok Adalat cannot adjudicate complex civil disputes involving property rights, succession, transfer, or determination of title, as its jurisdiction is limited to pre-litigation resolution of disputes related to public utility services.
Statutory provision(s): Sections 22A and 22B of the Legal Services Authorities Act, 1987; Section 9 of the Civil Procedure Code, 1908.
Urban Improvement Trust v. Poonam Chand, (Rajasthan) : Law Finder Doc id # 2850777
