The High Court Of Punjab & Haryana has imposed a cost of Rs 6,00,000 on on State And Its Officers For filing Avoidable Litigation.
The judgement came out in a case titled as State of Punjab & others vs. Paramjit Singh & others.
CASE BACKGROUND
In the present case, A piece of land was owned by the Respondents who all claim to be co-sharers and in cultivating possession of the same. The appellants carved out a metalled road through this land without either acquiring the same under the law or paying any compensation in lieu of it. The Respondents filed a suit which was decreed and which findings were upheld by the learned first appellate Court.
Being aggrieved thereby, the appellant filed an appeal before High Court.
High Court held that:
There is nothing suggestive either documentarily or in the evidence that the appellants had any right over the land measuring approximately 8-10 Marlas. In the impugned findings of the learned trial Court and so the learned first appellate Court, it has been clearly held that this land was the ownership of the plaintiffs and the courts in their anguish have remarked in the impugned findings that recalcitrant attitude of the officials of the defendants rather indicate that none of them wanted to take responsibility as if they knew within the hearts of their hearts that without acquiring the private property, they have constructed a road through it.
It was Further stated that :
It would not be off the cuff to remark that in decongestion of cases in the courts, greater responsibility lies on the shoulders of the Government, be it the Central or the States, which are big litigants and need to be cautious in their approach and ensure that they contest the cases only if necessary and not just to pass the buck and contest for the sake of contesting. The enormous time of the courts, the offices and the money that is spent on this frivolous litigation stirs the judicial conscience. There is nothing on the records by which these appellants could in any manner offer any sort of resistance to the impugned findings, rather meekishly have surrendered when questioned by the Court as to why the State is trying to undo its constitutional obligations. A million dollar question comes to the mind of the Court why should the Government system be not responsible so as to prevent litigation where it can rationally and logically be prevented, as State is the biggest litigant in the country.
While dismissing the appeal, HC held that :
To ensure that the State and its offices are discouraged from going into such unwanted litigation and wasting the State exchequer necessitates imposition of special cost of ` 6.00 lacs which shall be initially paid by the State in equal shares to all the plaintiffs, and thereafter 50% of the cost would be recovered from the officials responsible from the defendant department and remaining 50% shall be recovered from the law officers who have opined and prodded the State to come up in this appeal.
Read Judgement here:
