Delhi High Court Rules in Favor of Senior Advocate Anoop George Chaudhari in Fee Dispute with Madhya Pradesh Government
In a significant ruling, the Delhi High Court has instructed the Madhya Pradesh government to settle an outstanding professional fee of ₹78.65 lakh owed to Senior Advocate Anoop George Chaudhari. This decision comes after the state contested the engagement of Chaudhari, who previously served as the Advocate General for the state, in his appearances before the Supreme Court. Despite the state’s denial, the High Court highlighted evidence from order sheets and an admission by the former Chief Secretary, confirming Chaudhari’s engagement.
Justice Sachin Datta, presiding over the case, mandated that the fees should be paid with a 9% annual interest from 2021, the year the petition was filed, until the payment is completed. The Court, in its comprehensive 55-page order dated August 31, criticized the Madhya Pradesh government’s conduct, emphasizing that an advocate’s right to remuneration is not only a legal obligation but also a matter of professional respect.
Judicial Observations on Advocate Fees
Justice Datta remarked that the use of senior legal professionals by states in critical situations, followed by bureaucratic denials of their fees, could deter skilled advocates from representing state interests. He stressed that the integrity of the legal profession and the effective legal representation of the state necessitate prompt payment of counsel fees. Genuine disputes, if any, should be addressed earnestly and promptly.
The judge expressed concern over the situation where a counsel is compelled to file a writ petition to recover fees over a prolonged period, while state departments shift responsibilities amongst themselves. Such actions, he noted, reflect poorly on the state rather than the advocate involved.
Case Background and Court’s Decision
Senior Advocate Anoop George Chaudhari sought compensation for his appearances before a Constitution Bench of the Supreme Court in the case of Indore Development Authority v. Manoharlal and related matters involving the interpretation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Chaudhari claimed he appeared on 14 instances between October and December 2019, issuing 35 bills totaling over ₹1.76 crore.
The State of Madhya Pradesh denied engaging him, claiming no records existed of his appearances. However, the Court dismissed this argument, noting Chaudhari’s inclusion in 14 Supreme Court order sheets and the relevant judgment. Additionally, the former Chief Secretary, SR Mohanty, acknowledged Chaudhari’s engagement after the initial choice of senior counsel was unavailable. Consequently, the Court partly allowed Chaudhari’s claim, sanctioning a single appearance fee of ₹6,05,000 per day for recorded appearances, while dismissing duplicate bills for the same day in related matters.
Legal Representation
Senior Advocates Manish Vashisht, Ashish Mohan, and June Chaudhri, along with advocates Vipul Tiwari, Sagrika Tanwar, and Akash Sharma, represented Anoop George Chaudhari. The State of Madhya Pradesh was represented by Additional Solicitor General Anil Kaushik, assisted by advocates Harmeet Singh Ruprah, Rudra Aditya Khare, Kanishk Sharma, and Pranjal Singh.
