Gujarat High Court
Hindustan Unilever Limited vs State Of Gujarat & on 18 January, 2013
Author: M.R. Shah
Bench: M.R. Shah
HINDUSTAN UNILEVER LIMITED PETITIONER SUBSTITUTED AS PER....Petitioner(s)V/SSTATE OF GUJARAT C/SCA/5982/1996 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 5982 of 1996 ================================================================ HINDUSTAN UNILEVER LIMITED PETITIONER SUBSTITUTED AS PER....Petitioner(s) Versus STATE OF GUJARAT & 2....Respondent(s) ================================================================ Appearance: MS MEGHA JANI, ADVOCATE for the Petitioner(s) No. 1 MR AD OZA, ADVOCATE for the Respondent(s) No. 1 RULE SERVED BY DS for the Respondent(s) No. 2 - 3 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.R. SHAH Date : 18/01/2013 ORAL ORDER
1.00. All these petitions, which are very old matters of the year 1994 to 1999 and which are serious matters under the Urban Land Ceiling Act, Agricultural Lands Ceiling Act and Town Planning Act, are taken up for final hearing, are required to be adjourned as the learned Assistant Government Pleader has stated at the bar that she has no papers. Earlier and even yesterday also, this Court was required to adjourn the matters due to non-availability of the papers with the concerned Assistant Government Pleader. Earlier even attention of the office of the Government Pleader was drawn that many a times, courts are required to adjourn matters due to non-availability of the papers with the learned Assistant Government Pleader. Still the things have not been improved.
2.00. All these Special Civil Applications were kept and adjourned for hearing even in the Session at 2.35 p.m. and the learned Assistant Government Pleader was informed to call the Secretary, Legal Department, along with Government Pleader to discuss to find out the solution and belatedly the learned Government Pleader and the Secretary, Legal Department have remained present.
3.00. Mr.P.K. Jani, learned Government Pleader has pointed out so many difficulties faced by the office of the Government Pleader. He has submitted that there are no additional staff with infrastructure in the office of the Government Pleader, inclusive of Clerks, Senior Clerks, Stenographers etc. It is submitted that apart from the above difficulties, in absence of financial autonomy / authority for better working of the office of the Government Pleader, with the learned Advocate General, Additional Advocate General / Government Pleader, working of the office of the Government Pleader has not been improved.
4.00. Mr.P.K. Jani, learned Government Pleader as well as Mr.V.P. Patel, learned Secretary, Legal Department, State of Gujarat have made the following suggestions, so that the work of the office of the Government Pleader can be improved and such an eventuality of adjourning the matters by the Court due to non-availability of the papers with the concerned Assistant Government Pleader, may not occur :-
[1] Computerization.
[2] Adequate staff with infrastructure.
[3] Making available computer, printers, mobile to Law Officers.
[4] Internet facilities other than G.SWAN.
[5] Making available the e-library to all Law Officers, High Court like SCC/AIR/GLR/GLH etc. [6] Decent remuneration to Law Officers, High Court to make the post of Asst. Govt. Pleaders attractive for young talented advocates.
[7] Appointing Liasoning Officers Nodal Officers of each department of the State Government who should be in the office of the Government Pleader who should be in the office of the Government Pleader every day.
[8] Providing of sufficient eligible Stenographers.
[9] Increase autonomy to office of Government Pleader.
[10] Not treat the office of the government Pleader as equal to other departments of the State.
[11] Authority to learned Advocate General / learned Advocate General/ Government Pleader to spend money for better working of the office of the Government Pleader.
[12] Finance Department / General Administration Department to set up authority in the office of the Government Pleader so that every decision is taken at the Government Pleader Office.
5.00. In view of the above, as the papers are not available with the learned Assistant Government Pleader, this Court has no other alternative but to adjourn the matters in the interest of justice as well as in the larger interest and more particularly considering the seriousness of the matters which are under the Urban Land Ceiling Act, Agricultural Lands Ceiling Act and Town Planning Act, all the Special Civil Application are adjourned. Registry is hereby directed to provide copy of this order to Mr.P.K. Jani, learned Government Pleader to send it to the concerned authorities i.e. [1] the Principal Chief Secretary, State of Gujarat [2] the Chief Secretary, State of Gujarat [3] The Secretary, Finance Department [4] the Secretary General Administration Department (GAD), State of Gujarat as well as the Secretary, Legal Department to appraise them about the adjourning of the matters due to non-availability of the papers with the concerned Assistant Government Pleader and with a view to take corrective measures by considering the aforesaid suggestions, so that in future such an eventuality may not happen and the Courts are not required to adjourn the matters due to non-availability of the paper with the concerned Assistant Government Pleader which has happened due to the aforesaid reasons and with a view to see that working of the office of Government Pleader is improved (as the office of the Government Pleader is also a part of the judicial system) and the Assistant Government Pleader can assist the Court and Court can proceed further with the matters.
(M.R.SHAH, J.) rafik Page 4 of 4