Jalalabad: Litigant couldn’t reap benefit due to court’s casual approach, says HC

Saurabh Malik

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Chandigarh, June 22

In a critical judgment on the functioning of the subordinate judiciary, the Punjab and Haryana High Court has asserted that the passing away of litigants in a four-decade-old matter had left a permanent mark of “insolence and casual approach” on the courts.

Justice Fateh Deep Singh also rapped the State of Punjab for the dictatorial attitude of its authorities and usurping land through illegitimate exercise of powers. The admonition came in a case where Jalalabad (West) municipal committee/municipal council “illegally, without authorisation and without adopting due process of law”, took over five-kanal land belonging to the petitioners while carving out streets. They were not even compensated for it.

Justice Fateh Deep Singh asserted the petitioners were represented by their sons as they had passed away. The landowners were being put to undue harassment since 1987 by the committee and “the officers manning the same” in the headquarters. “After 39 years, the poor litigants are still seeking justice after having won the battle and so passing away of the main litigants leaves an indelible mark on the insolence and the casual approach of the Courts in not coming to the aid of a litigant who, despite of having won his battle, is still unable to reap its benefits”.

Justice Fateh Deep Singh asserted it was an established fact that the revisionists were owners of land the State had usurped by mere illegal exercise of its powers against the canons of justice.

Justice Fateh Deep Singh added the Court was perturbed over the manner of “such illegal acts of the state authorities”. On several occasions earlier also, peculiar circumstances had come to the Court’s notice in matters where citizens were left to fend for themselves and were “unable to ensure due protection of life, liberty and property of which they were robbed of by the dictatorial attitude of the authorities. It is in itself a stark reminder as to where a welfare State is heading for”.

Justice Fateh Deep Singh ruled the actions of the committee and its senior officials were intentional culpable acts of arrogance. They were bestowed with greater responsibilities to run the State and for its better governance. But they were trying to plague the system and tormenting its citizens by mere misuse of powers.

“The State has virtually remained in oblivion to its constitutional obligations and has tried to not only deny the petitioners of their legitimate rights acknowledged by the law but have tried to hoodwink the law as well,” the Bench added.

Keeping in view the “sad state of affairs”, the Bench directed the respondents to assess the compensation and pay annual interest of nine per cent from the date the land was illegally taken over. Special costs of Rs 50,000 was also imposed on the respondents for unnecessary litigation.