New Delhi: Backing the need to revisit pecuniary jurisdiction of district courts, Delhi high court has highlighted the rise in property prices in the city.“It also cannot be ignored that, owing to the substantial increase in the value of immovable properties in Delhi, even disputes concerning comparatively modest residential properties frequently exceed the existing pecuniary threshold of Rs 2 crore. Consequently, civil suits seeking reliefs such as specific performance, possession, partition, declaration or injunction, which otherwise arise from local disputes within different parts of Delhi, are presently required to be instituted before this court. Such an arrangement inevitably requires litigants from all parts of NCTto approach this court, thereby increasing the inconvenience and cost associated with litigation,” a bench of justices Anil Kshetrapal and Tejas Karia noted in a recent verdict.They dismissed a bunch of appeals challenging the process of presenting a report prepared by a committee of judges before the full court. Once cleared by the full court, all civil cases of value till Rs 10 crore will be transferred from HC to all the district courts of the city.“Courts exist for the benefit of citizens, who approach them in search of justice. Access to justice remains one of the foundational aspirations of our constitutional system. Judges, members of the Bar and the ministerial establishment are merely facilitators in the administration of justice, whose collective endeavour must always be directed towards ensuring that justice is delivered efficiently, effectively and as close to the citizens as practicable,” the bench noted.It said the court is “of the prima facie opinion that none of the submissions advanced on behalf of the petitioners discloses any legal infirmity in the decision of the full court to constitute the committee, to consult the stakeholders, and prepare the report,” and cleared the process.On the need to shift civil cases to trial courts the bench noted Delhi has eleven judicial districts, “where an adequate judicial infrastructure comprising district judges and civil judges has been established.”The petitions, including by Delhi High Court Bar Association sought a stay on the presentation of the ‘Pecuniary Jurisdiction Report’ before the full court following the coordination committee’s representation on the issue.Enhancement of the district courts’ pecuniary jurisdiction from Rs 2 crore to Rs 20 crore has been a long-pending demand of the coordination committee of All District Court Bar Associations of Delhi.On July 11, the coordination committee issued a letter of gratitude to its members on the high court finding favour with the enhancement of the pecuniary jurisdiction to Rs 10 crore.According to the DHCBA, the high court could not have acted on the representation as the power to enhance the pecuniary jurisdiction was with parliament as it involved amending the Delhi High Court Act.
