Orissa HC penalizes Govt for dragging its feet for decades in implementing Court order

The Orissa High Court has directed the State government to pay Rs 2 lakh by way of exemplary costs to decree holders in a civil case that has dragged on for more than three decades.

The Judgment Debtors (government) shall pay to the Decree Holders within three months a sum of Rs two lakh only by way of exemplary costs, since they are responsible for a slew of avoidable litigations which the Decree Holders were driven to fight for decades. This amount may be recovered from the erring officials in accordance with the law.

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The Single Bench judge Justice Dixit Krishna Shripad pronounced the judgment in the Execution Case, 1997, relating to the enforcement of a compromise decree passed by the Supreme Court in 1992.

A compromise decree is a legally binding court order that formally records a settlement reached between parties in a civil suit, where the court accepts the mutual agreement rather than deciding the case on its merits.

The case related to the prolonged non-implementation of a compromise decree of 1997.

The dispute dates back to the 1970s between Udayanath Sahoo and R S Bhatia over a forest coupe contract. In 1992, while disposing of Civil Appeal, the Supreme Court recorded a settlement between the two and directed the then Odisha Government to identify uncut trees and ensure equal division between them.

However, the order was never implemented.The decree-holders argued that the Supreme Court’s order was binding, while the State attempted to resist on grounds of “privity of contract” and evolving Forest Conservation Jurisprudence.

The High Court rejected these objections, holding that the decree was enforceable and binding on the State under Article 144 of the Constitution.

The Court clarified that if ecological and legal restrictions prevent tree felling, the decree holders must be compensated with the prevailing market value of the timber.

Further, the State was directed to pay Rs two lakh as exemplary costs for dragging the matter unnecessarily for decades, with liberty to recover the amount from the responsible officials.