CAPITAL DEVELOPMENT AUTHORITY, CDA through Chairman, CDA, Islamabad vs AHMED MURTAZA O — 2023 SCMR 61 SUPREME-COURT

Case information

Citation: 2023 SCMR 61 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: CAPITAL DEVELOPMENT AUTHORITY, CDA through Chairman, CDA, Islamabad vs AHMED MURTAZA O

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CAPITAL DEVELOPMENT AUTHORITY, CDA through Chairman, CDA, Islamabad VS AHMED MURTAZA O. XXVIII, R. a(3)---Public institution---Frivolous litigation---Wasting time of Court---Special costs imposed---Non-transferable plot allotted for use as a clinic transferred 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 transferred 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 transfers made in favour of different transferees---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.

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