Wednesday, 2 July 2014

Opening Courts 365 days a year

The Chief Justice of India has said that Courts should remain open 365 days in a year. How is this possible ? Does a Judge not require some rest ? Is he not a human being with a family to look after ?
It is true that while many Judges work hard, others do not. But even a hard working Judge requires some rest and has a family.

Similarly, lawyers and registry officials, too have families to look after and, being human beings, need some rest. I am not holding a brief for Judges who do not work hard. All I am requesting is for the public to consider the situation.

The Allahabad High Court, in which I was a Judge (from 1991 to 2004) had set a norm that a Judge of the subordinate judiciary ( i.e. from Munsif upto District Judge) should have at a time not more than 300 cases before him. When I was a senior Judge in Allahabad High Court I enquired from the Chief Judicial Magistrate, Kanpur Nagar, who had come to meet me, how many cases he had in his Court alone. He replied 30,000. Similarly, I asked a judge posted in Ghaziabad how many cases he had in his court alone. He replied 21,000. Another subordinate judiciary judge told me he had 15,000 cases pending in his court alone.


This shows the plight of the judiciary. After all we are not supermen. If a man can carry a maximum load of, say, 100 pounds, and if an elephant is placed on his head, what will happen ? He will collapse. The massive load of arrears is simply too heavy for the judiciary to carry, and the filing of new cases is also huge.


To decide a case properly takes some time. After all, the Judge has to read the papers, hear arguments from both sides, think over the matter, read the law books, and then only a high quality judgment can come. It cannot come in a second by a wave of Alladin's magic lamp !


People do not know this situation and yet blame the judges for not working hard.


I again repeat, I am not holding a brief for Judges who do not work hard. Also, I am not holding a brief for corrupt Judges. While many Judges are honest, there are some who are corrupt. But how much can even an honest and hard working Judge do in the face of such massive arrears? L
awyers and registry officials too, being human beings, require some rest.

Moreover, even during vacations all courts have vacation benches to deal with urgent cases.
In U.S.A. 97% cases are disposed off by mediation, not adjudication. We too must find some alternative dispute resolution mechanisms. But asking Judges to work 365 days in a year is, with due respect to the Chief Justice of India, no solution

12 comments:

  1. Sir why don't we use software to increase productivity of judges.Agree with you its not quantity of time that judge need to spend,they need to spend more quality time.

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  2. Justice Katju, it is simple increase manpower.

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  3. We'll I don't agree with you on this. You appear to be confused between individuals and system. For example indian railways work for 24 hours 365 days does it mean individuals work for 24 hrs without rest ? No it simple mean we provide enough man power to cover all 24 hrs. N that's exactly is required in judiciary. Individuals has limits but we can always empower system to make it work for us 24 hrs 365 days.

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  4. hospitals run 24 hours a day and 365 days an year . That does not mean that doctors and nurses and other staff do not get holidays. they are rostered and doctors organise cover for themselves. It is about time the judicial system embrace changes happening in the rest of the world rather than maintaining the status quo.

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  5. Till Today No Action has been Taken any Govt dept & Competent Authority against illegal Managing Committee of Redevelopment Project Scam of Refinery View CHS Ltd, by Black Listed Builders of Supreme Court & BMC Mumbai. Patel Engineering Ltd , Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074.
    Respected Sirji,
    We have lodged complaints with Honorable President of India/ Vice President of India & Chief Minister of Maharashtra / Chief Secretary Co-operation RajgopalDevara / Chief Secretary Maharashtra Government /Principal Secretary Urban Development Maharashtra/ Urban Development III, Urban department NAV 21 &Dy Registrar-M-Ward KonkanBhavan, CBD,Bealpur,Navi Mumbai /AddlRegsitrarDrKhandagale, Co-op Societies Pune,/ BMC Commissioner / Chief Engineer Development Planning -BMC/. Dy Executive Engineer Building proposal M-ward,& Mumbai Police Commissioner & Various other Government Authorities

    Till today no action has been taken by any Government Department & Competent Authority against the illegalities and violations of State Laws /Co-op Laws /BMC notification and directives committed by the illegal Managing Committee .The committee has been declared as illegal from 1.05.2012 by the Dy registrar M-Ward &Addl Registrar Dr P K Khandagale- Pune ,Co-op Societies

    The State Governments have framed Rules and Regulations and have issued guidelines and procedures that have to be sincerely followed In the process of Redevelopment project.
    State Laws and Cooperative Laws and BMCNotification and Directives has to be followed in True spirit.
    In the Redevelopment Project of Refinery View ChsLtd 62/63, MaroliChurch Road,Chembur,Mumbai-400074. All the state Laws and Co-operatives Laws and BMCNotification and Directives have been thrown to DUSTBIN by the present 7 members illegal M.C.
    The present 7 members Managing Committee is Caretaker MC from 09.6.2013.
    The 5 year term of this Managing Committee Expired 08.6.2013.
    Till date No Election in the Society has been conducted.

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  6. Respected Sir,
    We have received message on our complaint on Land Grabbing Scam & Financial Fraud from Honorable President of India, Send to Addl Chief Secretary Shri. P.S. Meena General Admn.Deptt.,R.No. 102, Annex, Mantralaya,Mumbai

    Registration Number : PRSEC/E/2014/04046
    Print/View Grievance
    Name : Mr. ShivshankarDamani
    Date of Receipt : 28 Feb 2014
    Current Status : The petition is transferred
    Date of Transfer : 19 Mar 2014
    State Government : Government of Maharashtra
    Officer's Name : Shri. P.S. Meena
    Designation : Addl Chief Secretary
    Address : General Admn. Deptt.,R.No. 102, Annex, Mantralaya,Mumbai
    Telephone No. : 022-22027151

    Note: You are requested to further liaise in the matter directly with Addl Chief Secretary , Government of Maharashtra, General Admn. Deptt.,R.No. 102, Annex, Mantralaya, Mumbai for further information.
    We hope that you will take necessary action.

    Kindly acknowledge this letter.

    Thanking you,

    Regards

    Mr. Shiv Shankar Damani

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  7. Land Grabbing Scam and Financial Fraud in the Redevelopment project Refinery View CHS Ltd,62/63,Maroli church Road,Chembur,Mumbai-400074 and Blacklisted Company Patel Eng Ltd.

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  8. NO Survey of flat area carried out before signing and registering the DA. Society Plot area measurement flat carpet area and plot area not certified by society’s Architect & Advocate. ‘No Architect appointed by the society.
    No proactive participation of responsible parties.
    Discrimination among own society members.
    No genuine certified advice from PMC- Advocate. Managing Committee & architect
    No Transparency
    No general body meeting was called and ever held for the approval of D.A
    No Protection available under any state Law.
    Developer friendly DA & not society friendly.
    Supreme court of India and High court and Co-op court have given judgments to protect the legal rights & financial rights of society members totally ignored by the MC.
    Approval of Patel eng ltd on 07.05.2011 in the society office in presence of Mr.Yellary office Dy Registrar M ward
    1st draft copy of DA send time in july 2011 discussed with in MC .DA rejected as sent by Patel Eng Ltd around 20pts of clarification were needed This DA discussed in AGM on 15.8.2011 house rejected this DA.
    Then came 2nd DA and then 3rd DA boths were rejected.
    4th DA came sent to society members some times in January /Feb 2012 members were informed that they can send queries.
    Answer on the queries came copies of this send to Society Members
    On 01.4.2012 SGM held in society to discuss layout plan send by Patel Eng Ltd . Plan 2 approved .PMC & ADV & Kunal Lala Rep. Patel Eng Ltd were present circular send to society members does not give any information on plan 2
    On 07.06.2012 consent taken from some members on approval of DA on plain paper typed ( This copy was given to us by Dr.Kgandagale Pune)
    On 10.07.2012 DA signed & registered by the illegal M.C.
    On 01.04.2012 2 Members resigned – 2memebrs were coopted so now there are total 4 coopted members in 7 members committee .
    This formation of MC declared as violation of sec 129 MSc 1960 by Dy Registrar M ward investigation report dt___ and Addl Regsitrar Pune Dr Khandagale investigated report Dt 25TH July 2013
    The contents of this New DA were found to be totally different from the contents of Tender documents & copy of the 4th DA sent to society members
    DA Tainted – Doctored Tempered and altered
    Complaints lodged to various Govt authorities from time to time
    Complaint against increase in area of secretary and Adv Jagtap registered with Dy registrar-M Ward
    08.2.2012 Adv N Jagtap in presence of Dr Khandagale.Pune confirmed that he is only representing 7 MC members
    All society members had contributed toward his payments .
    On 1st week Nov 2012 50% corpus distributed to some society members indemnity bond was signed by these members. No SGM was called for to discuss the contents of the indemnity bond.Even while the final hearing had not concluded with Addl Registrar Pune .
    Aggrieved members who were lodging complaints Were declared on anti-social elements these members lodged complaint at RCF Police station,Chembur,Mumbai-400074
    The MC hid the fact that the builder Patel Eng ltd is Blacklisted by Supreme Court of India and other govt agencies including BMC –Mumbai for financial golmal.
    The 5 year Term of the illegal managing committee expired on 8.6.2013. from 9.6.2013 this M.C is simply caretaker MC with no powers to take any redevelopment decisions as per the information from the Federation of Co-op Societies ,Vikas building,Fort,Mumbai. No election have been held from 9.6.2013.
    On 18.1.2014 new plan very different from the plan 2 of 01.4.2012 was gotten approved in the SGM held at chembur Gymkhana AT around 8pm.






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  9. No discussion of signed DA. No Architect . No feasibility report. Not honoring government regulatory order. Not honouring Supreme Court & High court Judgments on Redevelopment . Financial fraud and area fraud on fungible FSI. irrevocable license & Irrevocable POA given to builder which is against state laws no discussion held as required under section 79 (A) . misrepresentation of flats area in DA, Unfair trade parcties. the draft of all the relevant documents pertaining to the redevelopment process not circulated to all members.
    Government of Maharashtra notification on 6.1.2012 bearing no MH/MR/South-346/2011-B .The committee members who otherwise will be held responsible to make good the loss u/s.73 (1B) of MSC Act 1960 as they have signed the indemnity bond


    NO GBM were ever held to discuss every aspect of the work.
    Flagrant violation of rules & regulation by the builders – PMC & Advocate.
    On 15.1.2014 letters of complaints on fraud send to MC of the Society – the letter was endorsed by Chairman /Secretary .
    Till date No reply in writing received
    The free fungible FSI 35% totally is missing in the registered DA.this area is siphoned and swallowed by the builder. This is against the state laws. & BMC notification and directives under DCR 2012
    The extra area offered 25% is totally missing in the plan send to the society members
    The plot area shown in the plan is less than the plot area shown in the DA.
    The setback area shown in the plan is less than the setback stated in DA.
    This set back area benefit this M.C has gifted to the builder.
    No architect – appointed, no feasibility report ,NO Transparency , NO advocate to represent society members.
    Signed DA not send to individual members .
    NO SGM held to discuss DA- distribution of corpus fund and indemnity bond
    Copies of investigation report received from Dy registrar & Addl registrar not send to society members.
    illegal levy of charges on Aggrieved members .Managing committee refuses to honour the Dy Registrar M-Ward Judgment on this issues .order dated:_____
    Sec 79 (A) violated
    Sec 73 (1B) violated
    No procedure followed as per state law-co-op law these have been successfully violated.
    The society plot area worth around 150 Crores gifted to builder.
    SGM of 01.4.2012 declared violation of state law violation of 79(A) .Breach of trust and faith
    Irrecoverable license & Irrecoverable POA –NO General body meeting called to discuss this .This is violation of State laws Co-op Laws and BMC Notification and directives .
    In the plan approves on 18/01/2014 the number of tenants shown is 81 shocking.
    In the plan details as per D.A are 77 flats and 2 shops.
    Why the difference?
    In the plan for individual flat area the grand total area is 53225 Sqft. Shocking?
    In the D.A the flat area is minus the Free fungible area DCR 2012 35% and only 25% extra area is mentioned .This is against the Tender document.
    In the plan dt: 18.1.2014 the 25% extra area as written in the D.A. is missing.
    The area as mentioned in DA in not as per Tender documents .
    The area as mentioned in the plan is not as per DA.
    Irrevocable license and irrevocable POA given to builder.
    The society plot area in DA is 4425 &4419 Sqmtrs and in the plan dt 18.1.2014 is 3972 Sqmtrs Shocking.

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  10. Till Today No Action has been Taken any Govt dept & Competent Authority against illegal Managing Committee of Redevelopment Project Scam of Refinery View CHS Ltd, by Black Listed Builders of Supreme Court & BMC Mumbai. Patel Engineering Ltd , Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074.

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  11. You have rightly described all problems against opening courts 365 Days. But it is great sad that you such intelligent judge ignored other factors in support of above excellent plan given by Honble CJI who initiated the new concept. In 365 days concept, nos. of daily courts will be reduced slightly i.e. some judges will avail leave on rotation basis and these reduced courts will work on Saturday, Sunday & Holidays. E.g in SC there are 15 courts now working which open only 193 days in a year which if reduce to 10 benches daily so total courts in a year will be 3650 instead 15X193=2895. It increases 21% productivity without curtailing any leaves, holidays etc. If it is required to increase some judges to keep open court all the days, pl increase slightly. Pl think about public not for lawyers. In holidays, lawyers who are now earning very less can work and will get opportunity to take more case and other heavily busy/engaged lawyers can avail leave on these days. It is also increase job opportunity among lawyers who earn less or who are not getting high nos of cases. Pl think how 3 crore pending cases in courts. You have mentioned large cases handled by Kanpur and Gaziabad courts, so how you forget to dispose these cases in 2-3 years not in 15 years. I am on twitter @mcsncr M C Srivastava Gurgaon

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