Coming down heavily on public servants who collude with unscrupulous elements to defraud the state exchequer of huge amounts by deliberately delaying appeals in superior courts, the Supreme Court has imposed an exemplary cost of Rs 10 lakh on State of Karnataka while condoning the delay of 14 years in filing an appeal in a case involving 4000 acres of land including 3500 acres of forest land.
A Bench comprising Justices Arijit Pasayat and Asok Kumar Ganguly also directed the State government to pay the cost within eight weeks to the respondents and also ordered immediate action against the persons including Government officials responsible for the alleged fraud and delay in pursuing the remedies.
The Apex Court in its judgment noted ‘It is imperative that the State shall immediately initiate action as available in law against every person responsible for the alleged fraud and delay in pursuing the remedies, fix responsibilities and recover the amount paid as cost from them.
‘Needless to say order shall be passed in this regard by the competent authority after grant of opportunity to the concerned person. If any action under criminal law is to be taken, same shall be taken.’ Justice Pasayat writing 16 page judgment for the bench also noted ‘the case at hand is a classic example where the circumstances are the same .
‘More than 4000 acres of land are involved out of which, according to the state, nearly 3500 acres constitute forest land. Ultimately, the court has to protect the public justice. The same cannot be rendered ineffective by skillful management of delay in the process of making challenge to the orders which prima facie does not appear to be legally sustainable.
‘Keeping in view the importance of questions of law which are involved we are inclined to condone the delay subject to the payment of exemplary cost which we fix at Rupees 10 lakh to be paid within a period of eight weeks to the respondent .The petitions shall be listed for admission only after the payment is made .’ The Apex Court also noted ‘it is clear that the officials who were dealing with the matter have either deliberately or without understanding the implications dealt with the matter in a very casual and lethargic manner.
‘It is a matter of concern that in very serious matter action is not taken as required under law and appeal/petition is filed after long lapse of time.
‘It is a common grievance that it is so done to protect unscrupulous litigants at the cost of public interest or public exchequer.
‘This stand is more noticeable where vast tracts of lands or sums of revenue are involved. Many matters concerning the State governments and the Central governments are delayed either by the nature of bureaucratic process or by deliberate manipulations of the same by taking advantage of loopholes in the conduct of litigation.
Several instances have come to the notice of this court whereas above noted appeals have been filed where the revenue involved runs to several crore of rupees.’ In the present case where surplus land was to be recovered by the State appeal was filed by State of Karnataka after 14 years and there was further delay of 300 days in filing the review petition.
The Apex Court also noted with shock and concern that 32 appeals filed by the Department of Central Excise involving public money of Rs 50.41 crore were dismissed by the Supreme Court on account of inordinate delay in filing of appeals. In the present case the appeals were filed by the State of Karnataka after a delay of 6500 days in the High Court. According to the State government the surplus land of 368.16 acres in excess of the ceiling limit was to be resumed by the State government from the respondents who include the legal representatives of Y. Moideen Kunhi and other respondents.
The State government challenged the High Court order dated November 7, 1990 and another order dated September 26, 2007 in review petition.
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