Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3572 of 2019 Applicant :- Anar Singh Opposite Party :- Alok Tandon, Chief Executive Officer Counsel for Applicant :- Sanjay Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 11.10.2018 passed in Writ Petition No.34516 of 2018 (Anar Singh & Anr. v. State of U.P. & Ors.). For ready reference the order dated 11.10.2018 is quoted as under:-
"Heard learned counsel for the parties.
The petitioners have claimed that in the light of the decision of the Full Bench in Gajraj & Ors. Vs. State of U.P. and others reported in 2011 (11) ADJ 1, they are entitled for allotment to the extent of 5% of land which was acquired from them. It has been claimed that the respondents be directed to consider their claim in respect thereof.
Sri Kaushlendra Nath Singh, learned counsel for the NOIDA Authority (respondent no.3), has informed the Court that the benefit of allotment was limited to those petitioners who had challenged the notification and not to those who had not challenged the notification and therefore the petitioners are not entitled to any benefit under the said judgment.
Learned counsel for the petitioners has invited the attention of the Court to order of this Court by which similar matter was disposed of by requiring the Chief Executive Officer, NOIDA to take a decision in that regard, without expressing any opinion on the merits of that case.
As till date the claim of the petitioners has not been decided by the concerned authority, without expressing any opinion on the merits of the claim of the petitioners as also entitlement of the petitioners to any such allotment, as has been prayed for by the petitioners, we dispose off this petition by giving liberty to the petitioners to file comprehensive representation before the Chief Executive Officer, NOIDA (respondent no.3), within four weeks from today, by annexing therewith all the relevant documents in respect of their claim, which shall be considered and decided, in accordance with the law, preferably, within next six weeks."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within six weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 29.5.2019 SP/