Central govt standing counsel opinion

K PALANIVEL (Querist) 29 October 2021 This query is : Open
Sir,
Against the Sub-Court's judgement in Tamilnadu in a Land Acquisition Case, The Central Govt Standing Counsel has opined to a Government Department that it is not a fit case for appeal.

Whether can we overlook the opinion given by Central Govt Standing Counsel.

Kindly clarify.

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A government department has received an opinion from the Central Govt Standing Counsel advising against an appeal in a land acquisition case. While this opinion is not legally binding, it's a crucial factor to consider. The department should seek further advice from another senior law officer or the Law Ministry, clearly outlining their own stance and any divergence from the Standing Counsel's view.

kavksatyanarayana (Expert) 29 October 2021
No. Follow the instructions issued by the Central Government Standing Counsel.

P. Venu (Expert) 30 October 2021
The opinion, in my understanding, is not binding on the authority. However, the prudent course for the Department would be to refer to another senior law officer or the Law Ministry. The reference note should highlight the Department's stand as well the difference of opinion vis-a-vis the SGC's opinion.

Dr J C Vashista (Expert) 31 October 2021
You are representing Land Acquisition Collector or farmer ??
How are you affected by the advise of Government Standing Counsel whose advise may be acceptable / applicable to the department but certainly not the farmer.

K Rajasekharan (Expert) 31 October 2021
The opinion of the Union Government’s Standing Counsel is not binding on anybody, including the Union Government.

The legal professional from whom the Union Government should take legal opinion is the Attorney General (AG).

AG’s opinion is also not binding on the government as they can consider it and take their own decision on it in the light of larger issues involved in the matter.

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