Supreme Court - Daily Orders
The State Of Uttarakhand vs Savita Gupta on 10 February, 2023
Bench: Aniruddha Bose, Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2023
(Arising from SLP(C)No(s).7203/2021)
STATE OF UTTARAKHAND & ORS. APPELLANT(S)
VERSUS
SAVITA GUPTA & ORS. RESPONDENT(S)
O R D E R
Leave granted.
Heard Mr.Tushar Mehta, learned Solicitor General appearing for the State of Uttarakhand and learned counsel for the respondent/complainant - Savita Gupta.
The present appeal arises out of an interim order passed by a Division Bench of the High Court of Uttarakhand at Nainital. The dispute in which the interim order was passed by the High Court related allegations of illegal construction and the main complaint of the respondent-writ petitioner was that in spite of an unauthorized construction being brought to the notice of the Development Authority, no step was being taken in respect thereof. Learned Solicitor General has not argued before us on merit. His clients’ grievance is as regards imposition of costs at the interim stage upon two Police Officers of the State in the order which is assailed before us. Paragraph 21 of the order impugned records: Signature Not Verified Digitally signed by NIRMALA NEGI Date: 2023.02.10 15:57:42 IST Reason:
“This Court is of the opinion that public servants and authorities who fail to discharge their public duty have to be made accountable for their failure. For, their 2 apathetic and callous attitude towards the plight of a common man distorts and demolishes the entire edifice of democracy. Therefore, this Court is of the opinion that exemplary costs should be imposed on the Authority for failing to discharge its duty by the appellant, upon the Senior Superintendent of Police, Dehradun and upon the Station House Officer, Police Station Kotwali, Dehradun for failing to rush to the rescue of the appellant. Hence, this Court directs the Authority to pay a cost of Rupees Two Lakhs to the appellant, and the Senior Superintendent of Police, Dehradun and the Station House Officer, Police Station Kotwali, Dehradun to pay Rupees Fifty Thousand each to the appellant, within a period of two weeks from the date of receiving a certified copy of this order.” Having considered submissions of the learned counsel for the parties, in our opinion, imposition of costs on the Senior Superintendent of Police and the Station House Officer at the interim stage was unwarranted in the facts of this case, without there being any allegation of their direct involvement in the act complained against.
We, accordingly, set aside that part of the order by which the Senior Superintendent of Police, Dehradun and the Station House Officer, Kotwali, Dehradun have been directed to pay costs in the order assailed.
The appeal stands partly allowed.
The High Court shall proceed with the regular hearing of the appeal and decide the matter. The present order shall not in any way influence the High Court from adjudicating the main appeal. 3 Pending application(s), if any, shall stand disposed of. There shall be no order as to costs.
...................J. [ANIRUDDHA BOSE] ...................J. [SUDHANSHU DHULIA] New Delhi;
February 10, 2023.4
ITEM NO.16 COURT NO.11 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 7203/2021
(Arising out of impugned interim order dated 15-03-2021 in SA No.87/2021 passed by the High Court Of Uttarakhand At Nainital) STATE OF UTTARAKHAND & ORS. PETITIONER(S) VERSUS SAVITA GUPTA & ORS. RESPONDENT(S) (FOR ADMISSION and I.R. and IA No.63914/2021-EXEMPTION FROM FILING O.T. ) Date : 10-02-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Tushar Mehta, SG Mr. Jatinder Kumar Bhatia, AOR Mr. Tanmaya Agarwal, Adv.
For Respondent(s) Mr. Siddharth Mittal, AOR Mr. Jasbir Singh Malik, Adv. Mr. Siddharth Mittal, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The present appeal is partly allowed in terms of the signed order, which is placed on the file. Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (VIDYA NEGI) COURT MASTER (SH) ASSISTANT REGISTRAR