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Showing contexts for: long pendency in Sandeep Ghai vs Neeraj Malhotra on 4 May, 2010Matching Fragments
The petitioner herein brought to the notice of this Court the long pendency of ejectment actions wherein ejectment from tenanted premises had been applied for on an averment of personal necessity. In the light thereof, this Court directed the Registry to obtain information about the pendency of following category of cases:-
"1. Petitions in which a plea for ejectment has been raised for personal necessity.
2. Petitions in which ejectment has been applied for in terms of the provisions of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (and the corresponding provision of the Haryana Urban (Control of Rent and Eviction) Act, 1973);
3. Petitions in which ejectment has been applied for in terms of the provisions of Section 13 (3) of the East Punjab Urban Rent Restriction Act, 1949 (and the **** corresponding provision of the Haryana Urban (Control of Rent and Eviction) Act, 1973). A perusal of the information furnished by the various learned District Judges makes revelatory and startling reading. There are matters pending for the last quite a few years. The long pendency of those matters would appear to be alarming in view of the fact that the rent legislation provides for the expeditious trial of a specified category of cases. The long pendency, by the very nature of things, defeats the very purpose for which statute was brought about.
The current are `trying' and `prying' times for our institution which is the constitutionally announced sentinel of justice. The former expression has been used to signify that our institution has to redeem itself by annihilating the old pendency, particularly in a scenario where certain quarters are even endeavouring a resort to RTI for finding out the causes of delay. Our people have come of age and they have a right to query the Courts for long pendency, particularly in case where announced expeditious trial has been provided by the statute itself. The often highlighted inadequacy of the judicial manpower and the ever increasing arrears notwithstanding, the judicial personnel are the custodians of justice and they have indeed acquitted themselves creditably in the discharge of duty. The Apex Court has judicially indicated the equivalence of even the beginning level of the judicial hierarchical level to the political executive. That recognition, accompanied by the judicial declaration of entitlement to higher emoluments and perks **** etc., also puts a greater responsibility on the judicial personnel to respond and to reiterate our commitment to the cause of justice. This Court is not unmindful of the heavy dockets in the Courts. However, we have to evolve our own in-system mechanism to take care of the malaise of large pendency. It can also be done by prioritizing the pendency.