Supreme Court Imposes Rs. 500,000 Fine on CDA for Frivolous Litigation.
Citation Name : 2023 SCMR 61 SUPREME-COURT
Side Appellant : CAPITAL DEVELOPMENT AUTHORITY, CDA through Chairman, CDA, Islamabad
Side Opponent : AHMED MURTAZA
O. XXVIII, R. A(3)---Public institution---Frivolous litigation---Wasting time of Court---Special costs imposed---Non-Transfer able plot allotted for use as a clinic Transfer red outside of family members of original allottee---Held, that Capital Development Authority (CDA) allowed the Transfer of the disputed plot to non-family members, from time to time and only raised a dispute with reference to the Transfer in favour of respondent---Present case was a classic example of a litigant wasting the time of the Supreme Court by filing frivolous litigation given that the present matter already stood decided by the High Court---Furthermore, the dispute, if any, raised by the CDA was based on their own conduct as the record shows that they had themselves Transfer red the disputed plot outside the family members of original allottee repeatedly and yet chose to dispute the Transfer in favour of respondent notwithstanding the earlier Transfer s made in favour of different Transfer ees---Capital Development Authority had taken no action against any officer, nor raised the present issue before their own governing body to highlight the fact that their own documents and policy were not being followed by their officers---Instead, they chose to litigate the matter and burdened the courts with litigation which did not raise a question of law or fact in good faith---Supreme Court imposed special costs of Rs.500,000/- on the CDA, which was to be deposited in any approved charity---Petition for leave to appeal was dismissed and leave was refused.
