New Delhi: The Supreme Court has castigated the government for indulging in "callous and high-handed behaviour" by fighting frivolous cases in courts to defend their irresponsible behaviour by sacrificing public interest.
A bench of Justices R V Raveendran and G S Singhvi
said the government cannot be expected to act like private
litigants and resort to "profiteering" and "unjust
enrichment."
"It is a matter of concern that such frivolous and
unjust litigation by governments and statutory authorities are
on the increase. Statutory Authorities exist to discharge
statutory functions in public interest. They should be
responsible litigants.
"They cannot raise frivolous and unjust objections,
nor act in a callous and high handed manner. They cannot
behave like some private litigants with profiteering motives.
Nor can they resort to unjust enrichment. They are expected to
show remorse or regret when their officers act negligently or
in an overbearing manner," the bench said in a hard-hitting
judgement.
The apex court made the remarks while dismissing the
appeal filed by the Urban Improvement Trust, Bikaner,
challenging the direction of the Consumer Fora to award
compensation to Mohan Lal whose plot was illegally used by the
authorities to lay public road at Karninagar.
In this case, the Trust allotted two plots measuring
600 ft between 1992 and 1998 to Mohan Lal.
However, thereafter without resorting to acquisition
proceedings, the Trust took over the plot and laid a road.
The action was challenged by Mohan Lal in the District
Consumer Forum which directed the Trust to refund the
allotment price made by the complainant with 9 per cent
interest.
Disatisfied, Lal appealed in the State Commission
which ordered allotment of an alternative plot and awarded
Rs.5,000/- as compensation. The National Commission dismissed
the revision petition of the Trust, after which it appealed in
the apex court.
Concurring with the judgement of the fora, the apex
court said when "glaring wrong acts" by the officers is
brought to the notice of the government, the least it could do
was to compensate the aggrieved party.
The apex court said though the central government had
considerably reduced its litigation in the courts, the state
governments and other statutory authorities continue to
indulge in unwanted litigations.
"Their harsh attitude with regard to genuine
grievances of the public and their indulgence in unwarranted
litigation requires to be corrected.
Bureau Report
