State govt officers can't file frivolous petitions as they don’t have to pay from own pockets: SC

State govt officers can't file frivolous petitions as they don’t have to pay from own pockets: SC
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New Delhi, Sep 12: The Supreme Court has said that the state government officers cannot be permitted to file frivolous petitions merely because they do not have to pay from their own pockets for indulging in litigation.

The above observation was made in a recent order passed by a bench comprising Justices B.R. Gavai and Prashant Kumar Mishra.

The bench was considering a special leave petition filed by Karnataka’s Special Land Acquisition Officer against an order passed by the state high court directing payment of compensation to landowners in land acquisition proceedings.

Earlier, the Executing Court had passed an order directing the payment in favour of the landowners after the award given by the Reference Court had already attained finality till the Supreme Court.

“Merely because the officers of the State Government do not have to pay for the litigation from their own pocket, they cannot be permitted to file such frivolous petitions and harass the landowners, who have already lost their valuable land,” the top court said.

It dismissed the petition filed by the state government with cost quantified at Rs five lakh to be paid within four weeks.

“The cost of Rs 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) shall be deposited in the Supreme Court Advocates-on-Record Association to be used for the purpose of Library and the cost of Rs 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) shall be deposited with the Supreme Court Bar Association Advocates Welfare Fund,” it said.

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