Central Govt The Largest Litigant, Takes Needless Adjournments: High Court

Mumbai: The Bombay High Court criticised the Central government, observing that it is the largest litigant in the country and seeks adjournments most often.

Observing the Government of India’s conduct in a specific case, the high court said: “We are no strangers to repeated assertions from the Union Government itself regarding the pendency of cases, mounting arrears, frequent adjournments and impediments allegedly caused by our courts to what the government calls ‘ease of doing business’. Conveniently overlooked in all these assertions is the fact that it is the Government that is by far the largest litigant, and it is the government that most often seeks adjournments, frequently needlessly. This case is an example.”

The bench of Justices Gautam Patel and Kamal Khata was hearing a petition filed by Ramkali Gupta in 2016 related to a property issue. The specific matter was a communication from Air Force Station at Lohgaon in Pune which refused an NOC for construction of building on the ground that it was within 100 metres of Air Force station’s boundary wall.

The Justice Patel-headed bench was shocked that the petition was still pending admission after seven years and 57 hearings. And, at the latest hearing, an advocate representing Union government sought an adjournment because Additional Solicitor General (ASG) Devang Vyas was engaged in another court.

“We do not expect the ASG to appear in every single one of the matters that involves the Union of India. Obviously, it is not unreasonable to expect that there will be perfectly competent advocates from his office who will be able to lighten his load and assist him in discharging the duties of his office. We see no reason why no one else is prepared to go on with this matter,” the high court said.

Despite both parties having completed necessary legal processes in the case, including filing affidavits, additional affidavits in reply, and rejoinders, the Union government continued to seek adjournments, lamented the two-judge bench.

“The conduct of the Union Government in this matter does not leave much to be desired. It leaves everything to be desired,” was how the high court expressed its disapproval.

The high court bench adjourned the case for the last time, clarifying that it did so only as a courtesy to the ASG.