What legal action can be taken against delayed proceedings in high court?
I have a long-pending land record update case, for which the High Court has passed orders more than four times, including a contempt of court ruling. However, the local officials are still delaying the matter. I came across the following reference: "To claim compensation from the Indian government for undue delay, you can file a petition in court citing the 'doctrine of delay' as a violation of your fundamental right to speedy justice under Article 21 of the Constitution, highlighting the unreasonable delay caused by the government in processing your claim." Do you know if anyone has actually filed a case or writ under Article 21 and successfully claimed compensation?
Yes, in fact there have been such cases that people have obtained compensation for delay in justice under Article 21. Delays have been held to amount to a violation of the right to speedy justice by courts. For example, in Anil Rai v. CBI, where there was a delay in judicial proceedings, it was held that such delay was a violation of Article 21. Again, the Supreme Court has awarded compensation for violations of fundamental rights and held that long delays can cause significant harm. Hence, with these precedents, a claim can be made even stronger.
Delays in justice have allowed persons to claim compensation under Article 21 of the Indian Constitution. Courts have recognized that undue delay is violative of the right to speedy justice and, therefore, compensatory rulings. For instance, where there is negligence on the part of the government, for example, failure to comply with court orders, the courts have awarded compensation. In that context, the Supreme Court has held that the fundamental rights are being violated in cases of delay. Hence, if delay has resulted in substantial loss to your case, a claim can be brought against the state. So, an article 21 writ might work for you
Sir, you may request the court to enforce compliance with the order issued to you as failure to comply with a court order constitutes contempt of court, and the court has the authority to take appropriate action in response. It is advised to consult an expert lawyer to understand your legal options and ensure proper handling of the matter. For further legal assistance contact us on our helpline number.
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