With property prices in Delhi soaring above ₹2 crore even for modest homes, the Delhi High Court has underscored the necessity of reassessing the pecuniary limits applicable to various courts in the city. A Division Bench, comprising Justices Anil Kshetarpal and Tejas Karia, emphasized this point while reviewing the jurisdictional boundaries that dictate which court can hear certain cases based on their monetary value.
The Issue of Pecuniary Jurisdiction
Pecuniary jurisdiction defines the monetary threshold for cases that different courts can adjudicate. As it stands, civil and district courts in Delhi handle cases valued up to ₹2 crore. The High Court noted that due to the sharp increase in property values, even disputes over minor residential properties often surpass this limit, necessitating that these cases be presented before the High Court instead.
The Bench remarked, “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. 2,00,00,000/-. 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.”
Judicial Review and Recommendations
The Court’s observations came in an order dated July 10, in which it refused to delay the presentation of a pecuniary jurisdiction report drafted by a committee of judges to the full court. This report, prepared by a committee of seven judges, considers a proposal to raise the pecuniary jurisdiction limit for district courts from ₹2 crore to ₹20 crore.
While the pecuniary jurisdiction of the High Court is governed by the Delhi High Court Act, 1966, which requires parliamentary amendment for changes, the High Court affirmed its role in examining issues affecting justice administration and making relevant recommendations.
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Infrastructure and Population Growth
The High Court highlighted that Delhi, currently divided into 11 judicial districts, has seen significant growth in both population and commercial activities over the last six decades since the Delhi High Court Act’s enactment. This expansion has turned Delhi into a major commercial hub, necessitating a reevaluation of judicial processes to keep pace with the city’s evolving needs.
The Bench pointed out, “Whether these changed circumstances justify a further revision of the pecuniary jurisdiction is a matter which Parliament alone may ultimately determine. The present exercise undertaken by the Committee is confined only to examining the issue and placing its views before the Full Court of this Court.”
The court’s discussion reflects the broader need for judicial systems to adapt to socio-economic changes, ensuring that justice remains accessible and efficiently administered for all citizens.
