HC raps state for ‘frivolous litigation’

Saurabh Malik

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Tribune News Service

Chandigarh, January 29

Rapping the State of Haryana for attaining “notoriety of giving birth to frivolous litigation” and for displaying lack of compassion and sensitivity, the Punjab and Haryana High Court has imposed special costs of Rs 5 lakh while dismissing its appeal in a land matter.

Justice Fateh Deep Singh made it clear that half of the costs would be borne by the State and the officers responsible from the appellant department from their personal salaries. The remaining amount would be borne by the law officers who gave legal advice for filing the appeal.

Taking up the appeal filed by the State of Haryana and other appellants against Dharambir and other respondents, Justice Fateh Deep Singh observed the respondents were owners in possession of land. It was by sheer demonstration of official power and force that the appellant-State Public Works Department (Buildings and Roads) forcibly and illegally carved out a metalled road over their property.

Referring to the records, Justice Fateh Deep Singh added the entire process was carried out with utter disregard of the rules and the law without demarcating the properties on which the road was being laid and without acquiring it under the law or paying compensation. Two courts below had consistently held it was clearly a case of misuse of powers by the authorities.

Justice Fateh Deep Singh added the unfortunate plaintiffs were forced to knock at judiciary doors repeatedly. Initially, they moved the Court of Assandh Civil Judge (Junior Division), who decreed their suit. Subsequently, the Court of Karnal District Judge chose it appropriate to award compensation to be paid within six months from the passing of the impugned judgment in October 2019.

Justice Fateh Deep Singh observed it was fairly conceded at the Bar by the government pleader that compensation as directed was not paid even though more than three months had lapsed. Taking note of the “total insolence shown by the appellants”, Justice Fateh Deep Singh added the respondents, rather than abiding by the concurrent findings recorded by two courts below, filed the appeal to ensure the plaintiffs had to face another round of litigation even though nothing substantial was pointed out.

“It has come across to this court repeatedly that the State has attained notoriety of giving birth to frivolous litigation which is futile. None of the concerned officers have shown any compassion, sensitivity to the claim of the litigants and rather have chosen a convenient way of assailing the judgment and thus, unnecessarily burdening even the courts and the exchequer with unwanted litigation,” Justice Fateh Deep Singh added, while directing the forwarding of the order’s copy to the Department of Home/Personnel for due compliance.

PWD forcibly, illegally built metalled road on private property: HC

• Justice Fateh Deep Singh observed the respondents were owners in possession of land
• By sheer demonstration of official power and force, the appellant, Public Works Department (Buildings and Roads), forcibly and illegally carved out a metalled road over their property
• He said the entire process was carried out with utter disregard of the rules and the law without demarcating the properties on which the road was being laid and without acquiring it under the law or paying compensation
• Two courts below had consistently held it was clearly a case of misuse of powers by the authorities
• He said half of the costs would be borne by the State and the officers responsible from the appellant department from their salaries
• The remaining amount would be borne by the law officers who gave legal advice for filing the appeal