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2023 Supreme(Del) 6013

SATISH CHANDRA SHARMA, SANJEEV NARULA
Union of India – Appellant
Versus
Kiran Kanojia – Respondent


Advocates appeared:
Mr. Kirtiman Singh, Mr. Waize Ali Noor and Mr. Madhav Bajaj, Advocates, for the UOI in FAO 265 of 2014, CM APPL. 39547 of 2019, FAO 22 of 2015, CM Appls. 4501 of 2015, 37835 of 2019, 786 of 2020 & W.P.(C) 7553/2015 & FAO 403/2017 & RFA 457/2017.
Mr. Manish Mohan, CGSC with Mr. Jatin Teotia, Advocates, for the Appellant in FAO 265 of 2014, CM APPL. 39547 of 2019, FAO 22 of 2015, CM Appls. 4501 of 2015, 37835 of 2019, 786 of 2020 & FAO 22/2015, CM APPLs. 4501/2015, 37835/2019, 786/2020 & FAO 403/2017 & RFA 457/2017.
Ms. Punam Kumari, Advocate, for the Respondent in FAO 265 of 2014, CM APPL. 39547 of 2019, FAO 22 of 2015, CM Appls. 4501 of 2015, 37835 of 2019, 786 of 2020.
Mr. A.S. Chandhiok, Senior Advocate [Amicus Curiae] along with Mr. Tarranjit Singh Sawhney and Ms. Alka Singh, Advocates, for the Respondent in FAO 265 of 2014, CM APPL. 39547 of 2019, FAO 22 of 2015, CM Appls. 4501 of 2015, 37835 of 2019, 786 of 2020 & FAO 22/2015, CM APPLs. 4501/2015, 37835/2019, 786/2020 & W.P.(C) 7553/2015 & FAO 403/2017 & RFA 457/2017.
Mr. Yogesh Swaroop, Mr. Kapil Kishor Kaushik and Mr. Md. Asif, Advocates, for the Petitioner in FAO 22/2015, CM APPLs. 4501/2015, 37835/2019, 786/2020.
Mr. Durgam Nandrajog, Panel Counsel-GNCTD with Mr. Jatin Dua, Advocate with Mr. Kartar Singh, SI with Mr. Anuj, ASI-PS, Old Delhi Railway Station in FAO 22/2015, CM APPLs. 4501/2015, 37835/2019, 786/2020 & W.P.(C) 7553/2015.
Mr. Om Prakash, Mr. Chandresh Pratap, Ms. Swati Mishra and Mr. Nitish Pande, Advocates, for the UOI in W.P.(C) 7553/2015.

JUDGMENT

Sanjeev Narula, J. - These batch of appeals, stem from orders passed by the Railway Claims Tribunal as also the Trial Court qua a property dispute involving the Cement Corporation of India Limited, a public service undertaking. While deciding the matters on merits, this Court was deeply anguished by the approach adopted by the Indian Railways and Cement Corporation in their defence. Specifically, the fact that they resorted to unfounded arguments and false assertions raised serious concern, sufficient to agitate judicial conscience. This led to a judgment on 24th June, 2021, by the learned Single Judge, which raises a cautionary flag on the disconcerting practice of frivolous claims or defences being advanced by the Government in legal proceedings - a trend that has the potential to adversely impact the very foundation of our legal system. In light of these concerns, the learned Single Judge reclassified these petitions as public interest litigation (PILs) and referred them to this bench for a focused examination of issues concerning Government's accountability and the lack of a `National Litigation Policy'.

2. In the aforementioned judgment, the Court meticulously recorded

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