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Supreme
Court slaps Rs.10 lakh fine on frivolous litigant
Wednesday February 02, 2011 09:33:53 PM,
IANS
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New Delhi: The Supreme
Court Wednesday slapped an exemplary cost of Rs.10 lakh on an
appellant for filing a frivolous litigation aimed at frustrating
attempts to acquire his land for the Bangalore-Mysore road
project.
The litigant was penalised for embarking upon a second round of
litigation on an issue identical to the earlier phase of court
hearing.
The apex court bench of Justice G.S. Singhvi and Justice A.K.
Ganguly said the cost of Rs.10 lakh will be paid by appellant M.
Nagabhushan to the Karnataka High Court Legal Services Society
within a period of six weeks.
In case of default in payment, the apex court said the amount will
be recovered from the appellant as arrears of land revenue.
Nagabhushan resorted to the second round of litigation after he
failed in the apex court in his first appeal challenging the
acquisition of his land for the 111-km four-lane Bangalore-Mysore
Infrastructure Corridor Project (BMICP).
The "second round of litigation is misconceived inasmuch as the
acquisition proceedings were upheld right up to this (apex court)
court," the court said, holding that it was an "attempt to
litigate again".
Speaking for the bench, Justice Ganguly described the second round
of litigation as "an instance of abuse of the process of court".
"It is obvious that such a litigative adventure by the present
appellant is clearly against the principles of Res Judicata as
well as the principles of Constructive Res Judicata and principles
analogous thereto," the judgment read.
The doctrine of Res Judicata implies that after an issue is raised
before a competent court and a judgment is delivered, the verdict
should be considered as final.
While dismissing the appeal with exemplary costs, the court
directed the Karnataka government to complete the project as early
as possible.
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