Observing that differences between the entities of the State government cannot land up before the courts and should be resolved in a separate platform, the High Court of Karnataka has refused to adjudicate the dispute between two entities of the government over quantum of compensation for acquiring land for metro project.
Instead, the court has referred to the Chief Secretary a petition filed by the Special Agricultural Produce Market Committee for Fruits, Flowers and Vegetables, Bengaluru, seeking higher compensation from Bangalore Metro Rail Corporation Ltd. (BMRCL).
While declining to adjudicate the petition at present Justice S. Sunil Dutt Yadav set up a committee headed by the Chief Secretary to resolve the dispute within three months.
However, the court gave liberty to the Special APMC for Fruits, Flowers and Vegetables and other parties to the petition to come back to the court if the Chief Secretary, after the resolution process, comes to the conclusion that the dispute cannot be resolved due to any legal impediment and it has to be decided by the court.
Litigation policy
Pointing out that the apex court had repeatedly criticised government entities for approaching the courts against each other over trivial issues not involving any serious question of law, the High Court said that even the Karnataka State Dispute Resolution Policy, 20212, too prescribes setting up of Inter-Departmental Dispute Redressal Committee, headed by the Chief Secretary or Additional Chief Secretary for resolution of the disputes between its entities.
“The above approach is not only the mandate of the law, but would go a long way towards avoiding disputes between State and its entities contributing to increased workload as the State and its entities have to contribute to lowering matters that end up before courts for adjudication in a meaningful manner,” Justice Yadav observed.
