Supreme Court Imposes Rs. 5 Lakh Cost On Telangana Govt For Incorrect Affidavits, Allows State To Recover Amount From Erring Officials

The Supreme Court on Thursday (April 18) imposed a cost of Rs. 5 Lakhs on the State of Telangana with liberty to recover the said cost from the erring officials who have facilitated and filed incorrect affidavits in the ongoing proceedings.

The case relates to the declaration of the reserved forest land as private land in favor of the private persons by the High Court while exercising its review jurisdiction despite having its earlier order where it had given a clear finding that the title over the reserved forest land wasn't proved by the private person.

Reversing the High Court's decision, the bench comprising Justices M.M. Sundresh and S.V.N. Bhatti observed that the High Court which is expected to act within the statutory limitation went beyond and graciously gifted the forest land to a private person who could not prove his title.

“In our considered view, the High Court showed utmost interest and benevolence in allowing the review by setting aside the well merited judgment in the appeal by replacing its views in all material aspects.”, the court said.

Moreover, the court contradicted the Appellants-State of Telangana's stand on the suit property whereby firstly it took stand that the suit property is a forest land that becomes part of a reserved forest area but later on, changed its position by constituting a committee which held that the forest land is required to be excluded in favor of the respondents-private persons.

The court held that despite not having the jurisdiction to decide on the application of the respondents/private persons to declare the forest land as private land the District Collector/appellant No. 1 had entertained the application and constituted the committee to hold in favor of the private person.

Such actions of the Collector were criticized by the Supreme Court by noting a present case a classic one where the officials of the State who are expected to protect and preserve the forests in the discharge of their public duties abdicated their role.

The court also questioned the interference made by the High Court by declaring the forest land as private land after giving a particular finding that the disputed land was forest land which has become part of a reserved forest.

“We are at a loss to understand as to how the High Court could interfere by placing reliance upon evidence produced after the decree, at the instance of a party which succeeded along with the contesting defendant, particularly in the light of the finding that the land is forest land which has become part of reserved forest.”, the court said.

Based on the above premise, the appeal was allowed.

“We consider it appropriate to impose cost of Rs. 5,00,000/- each on appellants and respondents to be paid to the National Legal Services Authority (NALSA) within a period of two months from the date of this judgment. The appellant State is free to enquire into the lapses committed by the officers in filing collusive affidavits before the competent court, and recover the same from those officers who are responsible for facilitating and filing incorrect affidavits in the ongoing proceedings.”, the court concluded.

Also From The Judgment: 'Adverse Effect Of Climate Change Will Be On Nation's Future': Supreme Court Stresses Importance Of Forest Protection

Case Title: THE STATE OF TELANGANA & ORS. VERSUS MOHD. ABDUL QASIM (DIED) PER LRS.

Citation: 2024 LiveLaw (SC) 314

Click here to read/download the Judgment