Anand Desai led Expert committee set up to examine the Specific Relief Act, 1963 on 20 June 2016 submitted its report to Union Law & Justice Minister DV Sadananda Gowda.
• In its report the committee has recommended modifications in the Specific Relief Act, 1963, which will help in ensuring the ease of doing business.
• To change the approach, from damages being the rule and specific performance being the exception, to specific performance being the rule, and damages being the alternate remedy.
• To provide guidelines for reducing the discretion granted to Courts and tribunals while granting performance and injunctive reliefs so that public works projects is not be impeded or stalled.
• To introduce provisions for rights of third parties (other than for Government contracts).
• To consider addressing unconscionable contracts, unfair contracts, reciprocity in contracts etc., and implied terms.
• Need to classify diverse Public utility Contracts as a distinct class recognising the inherent public interest/importance to be addressed in the Act.
• The Act was enacted by the Parliament to replace the earlier Act of 1877 with an aim to assure that whenever there is a wrong there must be a remedy.
• The Act does not confer any Rights on itself. Specific relief is only provided for the violation of a legal right.