Govt Itself Seeks Needless Adjournments Then Makes Assertions About Rising Pendency Of Cases: Bombay High Court

The Bombay High Court recently took a dig at the Centre’s dichotomous approach in often blaming Courts for restricting its “ease of doing business” on one hand and repeatedly seeking adjournments of cases on the other.

A division bench of Justices Gautam Patel and Kamal Khata observed,

“We are equally mindful, and we are constrained to say this, that we are no strangers to repeated assertions from the Union Government itself regarding pendency of cases, mounting arrears, frequent adjournments and impediments allegedly caused by our Courts to what the Government calls ‘the ease of doing business’.”

The court said despite these claims by the government it often sought adjournments needlessly.

“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 was dealing with a property dispute pending for over seven years on a very short law point. Since June, 2023 the matter was repeatedly adjourned at the Centre’s request on the grounds the ASG will appear.

In 2016, petitioner Ramkali Gupta had filed a petition challenging a communication by the Air Force station at Lohegaon in Pune refusing permission for construction of the petitioner’s building on the ground that it fell within 100 metres from the Air Force boundary wall.

The question involved was, “what would be the starting point for that distance to be measured” to ascertain if the petitioner’s plot fell within the proscribed area or not.

“The petition remained at admission stage from 2016 till 8th June, 2023. Then on that day, by consent, it was directed to be placed for final hearing on 14th July, 2023 at 3.00 pm. On 24th August, 2023, the matter was listed before this Bench. On that date, we specifically listed the matter today, 5th October, 2023 at 2.30 pm. In another manner of speaking, we granted an extraordinary indulgence from 24th August 2023 for a good six weeks,” the court noted.

Despite repeated accommodation by the court the Union sought an adjournment on October 5, 2023 as well.

“We do not expect the learned Additional Solicitor General 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 court said before pulling up the Union.

“Given this we are entirely unable to appreciate, and indeed we express our strongest displeasure of these applications for repeated adjournments.”

The court then adjourned the matter for next day, October 6. The bench said it was doing so out of courtesy to ASG Devang Vyas.

The following day the ASG appeared and said a short supplementary affidavit would be filed setting out the position regarding other plots and structures along the relevant boundary. The matter was then adjourned to October 23, 2023.