H.M.T. House Building Co-Op. Society vs Syed Khader & Ors on 21 February, 1995
I. Thus, it is evident that validity of land
acquisition proceeding has been upheld and the grounds
pertaining to fraud, involvement of middlemen, change
of name of the Society, applicability of decisions in HMT
HOUSE BUILDING COOPERATIVE SOCIETY non
77
approval of scheme under Section 3(f)(vi) of the Act,
have been negatived by various benches of this court. It
is pertinent to note that issues pertaining to res judicata
and delay and laches have also been adjudicated by
division bench of this Court vide order passed in
W.A.No.1480/2006. The appellants cannot be permitted
to raise the issue with regard to applicability of the
decision of the Supreme Court in VYALI KAVAL HOUSE
BUILDING COOPERATIVE SOCIETY supra on the
principles of constructive res judicata. The Supreme
Court in Civil Appeal Nos.8593/2017 and 8594/2017 has
repelled the challenge to the land acquisition
proceedings on the ground of delay and laches and in
view of the decision of the Supreme Court in Civil Appeal
Nos. 8593/2017 and 8594/2017, the issues raised in
these appeals cannot be entertained. It is also
noteworthy that judgment of the learned Single Judge
which is impugned before us, has already been affirmed
by a division bench of this court in W.A.No.16454/2011
78
and the said decision has attained finality. Thus, it is
evident that challenge to the land acquisition proceeding
is barred by principles of constructive res judicata as
well as res judicata. The doctrine contained in maxim
"boni judicis est lites dirimere, ne lis ex lite onitur, et interest
reipulicate ut sint fines litium" which casts a duty upon the
Court to bring litigation to an end or to atleast ensure
that if possible no further litigation arises from the cases
pending before the Court in accordance with law, would
be applicable with greater emphasis where the judgment
of the Court has attained finality before the highest
Court.