The Supreme Court observed that violence, greed, desire, and anger have become the main reasons behind rising litigation in India. Justice Dipankar Datta said courts cannot control these human traits through judicial orders, a view agreed with by the Chief Justice of India.
Violence, greed, desire and anger are now becoming the main reasons why people are going to courts in India, Justice Dipankar Datta of the Supreme Court observed orally during the hearing of a land-related dispute on Monday. The remarks were made while a three-judge Bench headed by Chief Justice of India Surya Kant was hearing a petition connected to alleged violations in land sub-leasing.
During the hearing, Justice Datta remarked,
“Hinsa (violence), lobha (greed), kama (desire) and krodha (anger) are the triggers for litigation now,”
pointing out how personal motives and uncontrolled emotions are increasingly pushing people and institutions into prolonged legal battles. Chief Justice of India Surya Kant agreed with this observation and said it was
“absolutely true”.
The Bench was hearing a plea filed by the Yamuna Expressway Industrial Development Authority against Gaursons Mega Projects Private Limited.
The dispute relates to the levy of charges on sub-leases of land that were allegedly executed without obtaining prior approval from the authority, raising concerns about violations of land laws and regulatory norms.
Justice Datta’s comments came soon after the Chief Justice made strong observations about the conduct of officials and private developers.
The Chief Justice noted that government officials are often “hand in glove” with private builders, which leads to the systematic misuse and subversion of land laws meant to protect public interest.
Expanding on the issue, Justice Datta urged self-reflection and said,
“Please introspect… lobha has gone up to such an extent that it has become unmanageable. We [the courts] have no control over citizens, we cannot give them a mandamus to abstain from hinsa or lobha,”
underlining the limits of judicial power when it comes to controlling human behaviour and moral choices.
Appearing for the government, Solicitor General Tushar Mehta also reacted to the discussion and observed,
“These four things cannot be ‘stayed’ by judicial orders,”
agreeing that courts cannot restrain emotions or personal vices through legal directions.
Justice Datta further referred to another public interest litigation that had been heard earlier in the day, where a litigant had sought a direction that all courts should decide cases within one year.
Reflecting on that demand, he said,
“The litigant wanted all courts to decide cases within a year, so that people could have peace of mind… If you really want peace of mind, you really need to shun these four ‘qualities’,”
stressing that true peace cannot come merely from faster judgments unless individuals also change their conduct.
The observations highlight growing judicial concern over the moral and ethical decline contributing to rising litigation in India, especially in matters involving land, real estate, and governance, where greed and collusion often lead to complex and prolonged legal disputes.
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