Supreme Court raps Haryana Urban Development Authority for filing frivolous appeal, imposes Rs 1 lakh cost

Saurabh Malik

Chandigarh, May 8

Rapping Haryana Urban Development Authority (HUDA) and another appellant for wasting resources and court time at different levels, the Supreme Court today imposed Rs 1 lakh costs in a case where an additional amount of about Rs 27,000 was sought to be recovered from an allottee.

The Bench of Justice Abhay S Oka and Justice Rajesh Bindal also awarded Rs 50,000 to the respondent-allottee for being dragged in unnecessary litigation up to the Supreme Court. The amount was directed to be recovered by the appellants from the guilty officers/officials who were of the opinion that the case was fit for filing appeal at different levels, despite being covered by a Supreme Court judgment.

The court observed respondent- Jagdeep Singh was allotted a plot in Hisar vide allotment letter dated August 21, 1986. It was the appellants’ admitted case that the plot was carved out of land initially owned by the Animal Husbandry Department.

The plot’s cost was calculated after including the development costs. The rate at which 275.5 acres was transferred to the appellants was, however, revised. The appellants subsequently issued a notice to the respondent in January 1993 raising demand for additional price.

The courts below interpreted a clause to mean that additional price could be demanded in case of enhancement in land cost awarded by the competent authority under the Land Acquisition Act. It was the appellants’ admitted case that the land for plot’s allotment was never acquired. As such, there could not be any enhancement in the cost by any authority or court under the Land Acquisition Act.

Dismissing the appeal, the Bench asserted there was no illegality committed by the courts below in setting aside the demand for the additional price. It asserted that the suit was decreed in August 2008. The amount spent on litigation would be much more than involved.

The Bench added: “It is because of impersonal and irresponsible attitude of the officers, who want to put everything to Court and shirk to take decisions. However, still the appellants had not only filed appeals, resulting in addition to the pendency of cases and also must have spent huge amount on litigation in the form of fee of the counsels and allied expenses”.

The Bench added a number of officers/officials must have visited the counsel engaged at Chandigarh when the matter was taken up in the High Court and thereafter the Supreme Court when the order was challenged.

Before parting with the case, the Bench made it clear that the cost was directed to be deposited in Supreme Court Mediation Centre and paid to the respondent within two months. Regarding cost of litigation, six-month deadline was set by the Bench.