HC fines Haryana Rs 1 lakh

Significantly,in a rare instance,the Advocate General of the state conceded that it “cannot possibly be disputed that this is a frivolous litigation,as there was no application of mind by any authority at any stage”. Advocate General Hawa Singh Hooda further submitted that he may be permitted to withdraw the same subject to payment of cost of Rs 1 lakh to be deposited with the High Court Legal Services Committee.

“He (the Advocate General) will also instruct the concerned authorities to fix the responsibility of the guilty officers/ officials at every stage and recover the amount of cost from them along with the cost of litigation in this court,” ruled Justice Bindal.

The directions were passed on a “frivolous” appeal filed by the Haryana government against award of compensation made by the state to land-owners whose land falling in Faridabad was acquired in 1973. The state had filed an appeal challenging the award of the Court below,dated December 23,2009,whereby for the land acquired (vide notification dated October 1,1973) pertaining to village Faridabad for the purpose of development as a residential area in Sector 29 thereof,the value had been assessed at Rs 18 per square yard.

Along with the appeal,an application seeking condonation of delay of 169 days in filing the appeal was also filed besides the application of an interim stay.

“A perusal of the award shows that for the purpose of assessment of fair value of the acquired land,the Court below decided on April 18,1979,wherein this Court had determined the market value of the land acquired vide the same notification at Rs 18 per square yard.”

“Once the Court below had assessed the compensation for the acquired land relying upon the judgment of this court,the appeal filed by the state is totally misconceived. There was no application of mind at any stage by any of the officials/ officers to see whether there was any ground on which the award of the Court below could be challenged before this court,” reads the order of Justice Bindal.

The court has ordered that if the cost of Rs 1 lakh rupees is not deposited by January 30,2011,the matter will be put up again before it.