Mumbai: The State government has issued a strict warning to officials found misrepresenting the State in judicial and quasi-judicial proceedings. The government has set a three-day deadline for officials and departments to furnish information regarding a court case in an accurate and timely manner, or face action. The order was issued by Chief Secretary Sumit Mullick last week after court came down heavily on government for non-compliance in certain matters of public interest, senior officials said.
“It is not our fault if information from the districts doesn’t come in time. Some of these cases are contentious and nobody in the lower levels wants to take risks in furnishing information,” a senior official of the Urban Development Department (UDD) said.
Senior officers said the government’s patience wore thin after two court cases related to removal of illegal religious structures and measures to implement noise control instruments across state. In both cases, the court came down heavily on the government for improper representation and untimely or zero action. An angry court had even summoned the Additional Chief Secretary (Home) for non-compliance in the noise pollution case. In the other case, the UDD had failed to compile a list of illegal religious structures in the State despite repeated court warnings over five years.
In his order, Mr. Mullick has said that ‘requisite and timely information’ was not being provided to government pleaders. leading to delays overall. He added that failure of the concerned department to provide relevant information and documents to the concerned law officers not only affects the government’s interests, it also impedes timely disposal of cases by judicial and quasi-judicial authorities.
The government has said special focus should be given to delays despite sufficient notice in cases related to the Land Acquisition Act, 1894, The Maharashtra Project Affected Person Rehabilitation Act 1986 and the Maharashtra Resettlement of Project Displaced Persons Act 1976. The issue was highlighted on April 29, 2017 by a senior government pleader.
“The department must furnish to the government pleader necessary factual information, instructions and documents within seven days of the intimation or request and, in any event, three days before the scheduled date of hearing. A failure will be viewed seriously by the government,” the order said.