JUDGMENT Mr. Rakesh Kumar Garg, J.: (Oral) - This is a bunch of 14 appeals filed on behalf of the State of Haryana against the award of the Reference Court determining the market value of the acquired land in question. On 18.10.2011, the following order was passed in this case: ‘’The State of Haryana has filed the instant appeal challenging the award of the Reference Court on the ground that the compensation awarded is on the higher side. There is a delay of 132 days in filing of this appeal. It has been averred in this application that the Legal Remembrancer. Haryana vide its memo dated 16.3.2011 has advised that it was not a fit case for filing of this appeal. However, the matter was examined in the Department and it was observed that it was a good case for filing of appeal and accordingly, thereafter, the Financial Commissioner and Principal Secretary to Government of Haryana, Irrigation Department vide his letter dated 25.5.2011 issued sanction and instructions to the Legal Remembrancer to Government of Haryana, Chandigarh for issuing further instructions to the Advocate General, Haryana for filing of appeal. However, a perusal of the instructions issued by the learned Secretary-cum- Legal Remembrancer to Govt. of Haryana shows that the Advocate General, Haryana has been requested to file appeal against the impugned award in anticipation of Govt. sanction. Thus, it seems that a false averment has been made in the application regarding the sanction of the Government for filing the instant appeal. List on 8.11.2011. Let a copy of the sanction order/Memo No.28/130/2011-71 W dated 25.5.2011 allegedly issuing sanction to file the instant appeal by the Government be placed on record of this case. If the aforesaid letter is not produced before the Court, Engineer-in-Chief, Irrigation Department, Chandigarh, Haryana, shall be present in Court on the date fixed. A photocopy of this order be placed on the files of other connected cases.’’ 2. Today, these cases were listed at serial No.102 of the urgent cause list and were taken up accordingly. No copy of the order granting sanction to file the instant appeals by the Government was placed on record of the cases. Neither any such letter was produced during the course of hearing by the learned counsel for the appellant. Even the Engineer-in-Chief, Irrigation Department, Chandigarh, Haryana, is not present. On the asking of the Court. Mr.
No copy of the order granting sanction to file the instant appeals by the Government was placed on record of the cases. Neither any such letter was produced during the course of hearing by the learned counsel for the appellant. Even the Engineer-in-Chief, Irrigation Department, Chandigarh, Haryana, is not present. On the asking of the Court. Mr. Hitinder Singh Lalli, Additional Advocate General, Haryana, sought a pass over on the ground that the aforesaid Office shall be present before this Court after some time and requested that the case be taken up after lunch. Accordingly, the pass over was given. Even after discharge of the Board when no other case either urgent or motion hearing was remaining, the case was taken up again after lunch. Sh. Lalli, informed the Court that despite communication, the Officer could not be present as he was having meeting with the Finance Secretary of the State. 3. From the aforesaid circumstances, it is clear that the defence of the cases which involves financial burden on the State is not very important. It is also clear that the said Officer of the State of Haryana has no respect for the Court directions/orders. Though the conduct of the aforesaid Official is contemptuous, however, this Court refrains itself from taking further action on this account against him. 4. Since these appeals have been filed by the State of Haryana without any sanction from the competent Authority and on the basis of a false averment, before this Court, the same are hereby dismissed. 5. The costs of filing these appeals be recovered from the concerned official who is/are responsible for filing these appeal without proper sanction of the competent Authority. 6. It may also be observed further that any other financial burden caused to the State because of dismissal of these appeal, be also recovered from the persons who are responsible for not defending the said appeals with due diligence. This may be done after holding an enquiry and fixing the responsibility. 7. Be that as it may, since a false averment has been made in para No.7 of the application filed under Section 5 of the Limitation Act for condoning the delay of 132 days in filing these appeals with regard to sanction of the appeals, let a show cause notice be issued to Sh. Sohan Lal Sharma s/o Sh.
7. Be that as it may, since a false averment has been made in para No.7 of the application filed under Section 5 of the Limitation Act for condoning the delay of 132 days in filing these appeals with regard to sanction of the appeals, let a show cause notice be issued to Sh. Sohan Lal Sharma s/o Sh. Suraj Bhan, Executive Engineer, Construction Division No.33, Rewari as to why appropriate proceedings which includes contempt as well as other proceedings be not initiated against him. 8. List on 30.11.2011. 9. Let the aforesaid Officer be also present in Court on the next date of hearing. 10. Let a copy of this order be sent to the Chief Secretary to the State of Haryana. 11. Compliance be also reported to this Court. 12. A photocopy of this order be placed on the files of other connected cases. ——————