State entities should resolve disputes among themselves: HC

NT Correspondent

Bengaluru: Hearing a petition over a dispute between the Special Agricultural Produce Market Committee (APMC), the Karnataka Industrial Area Development Board (KIADB) and the Bengaluru Metro Rail Corporation Limited (BMRCL) the High Court of Karnataka has said that State entities should resolve disputes amongst themselves and not approach the courts which are already overburdened.

In a judgment on a petition filed by the APMC Justice S Sunil Dutt Yadav said, “Differences between State and its entities ought to be resolved in a separate platform and cannot land up for adjudication before the Courts which even otherwise are overburdened. The State and its entities are to contribute to lowering matters that end up before Courts for adjudication in a meaningful manner.”

The APMC had approached the HC over a dispute over compensation for land acquired by the KIADB for the BMRCL project. All of them being government entities, the HC said they need to resolve disputes among themselves.

The HC constituted a Committee consisting of the Chief Secretary, Secretary of the APMC, MD of the BMRCL, CEO of the KIADB, Principal Secretary of Commerce and Industries department and the Special Land Acquisition Officer of the KIADB.

The HC said that this Committee would settle the dispute amicably. “The said Committee would be headed by the Chief Secretary, Government of Karnataka and the other entities referred to above would be the participants.

The Chief Secretary is at liberty to enlarge the constitution of the Committee if found necessary. The said Committee to be constituted to endeavour to settle the dispute amicably taking note of the constituent entities all being State Authorities,” the HC said.

However if there is a legal issue only the court could solve they could refer it to the court.

“Needless to state that if the Chief Secretary, Government of Karnataka, is of the opinion that the matter cannot be resolved due to any legal impediment and is a matter to be decided by the Court, the matter may be referred back to the Court,” the HC said.

Disposing the petition, the HC said, “All contentions of the parties are kept open. It is clarified that all disputes and contentions of the petitioner and respondents which is the subject matter of present proceedings, stand referred to the Committee referred to above. The Chief Secretary, Government of Karnataka endeavours to resolve the dispute within a period of 3 months from the date of receipt of copy of this order.”

The HC said that this approach was necessary to lessen the burden on courts. It said, “The above approach is not only the mandate of the law, but would go a long way towards avoiding disputes between State and its entities contributing to increased workload.”