SC castigates states for high handeness,frivolous litigation

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 on Thursday.

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 alloted two plots measuring 600 ft between 1992 and 1998 to Mohan Lal.

However, thereafter without resorting to acquistion 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 percent interest.

Dissatisfied, 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.

"The state governments and the statutory authorities, who have more litigations than the central government, should also make genuine efforts to eliminate unnecessary litigation. Vexatious and unnecessary litigation have been clogging the wheels of justice for too long, making it difficult for courts and tribunals to provide easy and speedy access to justice to bona fide and needy litigants," the bench said.

In the present case, instead of remedying the wrong by complying with the decision of the consumer fora, the Improvement Trust took a brazen stand that the allottee should have protested when it illegally laid the road in his plot.