Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kamataka Industrial Areas Development Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka Industrial Areas Development Act, 1966 (18 of 1966) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Karnataka Industrial Areas Development Act, 1966 - s. 28(4) and (5)- Acquisition of land belonging to the appellant.Challenge to - Acquisition proceedings approved by the High Court as also Supreme Court - Appellant on the identical issues filing a new writ petition - Rejection of, by the Single Judge and the Division Bench of the High Court - On appeal, held: Attempt by the appellant to re-agitate the same issues which were considered by this Court and were rejected expressly in the previous judgment is a clear instance of an abuse of process of this Supreme Court - Such issues are barred by principles of Res Judicata or Constructive Res Judicata and principles analogous thereto - On facts, it cannot be said that the Notification u/s.28(4) stands vitiated in view of the provisions of s. 11 A of the 1894 Act since no award was passed within two years from the date of the Notification - s. 11A of the 1894 Act does not apply to the acquisition under the KIAD Act - Main purpose of filing the instant appeal was to hold up the land acquisition proceeding which was initiated to achieve a larger public purpose - Thus, the State Government to complete the project as early as possible . Appellant directed to pay Rs 10 lacs as costs to State High Court Legal Services Authority - Code of Civil Procedure, 1908 - s. 11 - Principles of res judicata and constructive res judicata - Land Acquisition Act, 1894 - s 11A - Costs. ss. 28(4) and (5) and ss. 4 and 6 of the Land Acquisition Act- Comparison between - Held: There is a substantial difference - Land which is subject to acquisition proceeding under the 1894 Act gets vested with the Government only when the Collector makes an award u/s. 11 of the 1854 Act and the Government takes possession- Under ss. 28(4) and 28(5) of the KIAD Act, vesting takes place by operation of law and it has nothing to do with the making of any award - Land Acquisition Act, 1894.Doctrines/Principles - Principles of res judicata . Application of- Held: Principle of res judicata is of universal application since it is based on principle of 'interest reipublicae ut sit finis litium' which means that it is in the interest of the State that there should be an end to litigation and the principle 'nemo debet his ve ari, si constet curiae quod sit pro un aet eademn cause' which means that no one ought to be vexed twice in a litigation if it appears to the court that it is for one and the same cause - Plea of Res Judicata is not a technical doctrine but is a fundamental principle which sustains the Rule of Law in ensuring finality in litigation - Its application should not be hampered by any technical rules of interpretation - Thus, any proceeding which has been initiated in breach of the principle of Res Judicata is prima- facie a proceeding which has been initiated in abuse of the process of the court. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 92 |
Petitioner | M. Nagabhushana |
Respondent | State Of Karnataka & Others |
SCR | [2011] 2 S.C.R. 435 |
Judgement Date | 2011-02-02 |
Case Number | 1215 |
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