Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3961 of 2018 Applicant :- Gopal Kumar Singhal And Another Opposite Party :- Sanjay Mitra And 2 Other Counsel for Applicant :- Kiran Kumar Arora
Hon'ble Manoj Kumar Gupta,J.
By order dated 27.10.2016 in Writ-C No.52020 of 2016 filed by the applicant, this Court permitted the applicant to make representation to the concerned authority of the Government of India for allotment of an alternative developed site in terms of government order dated 18.6.1982 or for compensation. There was a further direction to the Defence Estate Officer that he shall forward the representation to the concerned authority of the Government of India within a period of two weeks and the concerned authority of the Government of India, shall thereafter decide the representation within next ten weeks. The applicants were also required to vacate the premises on or before 31.10.2017 irrespective of the outcome of the representation.
Sri Gambhir Tripathi has entered appearance on behalf of opposite party. Sri Subodh Kumar, learned senior panel counsel of Union of India, on instruction, states that a letter has been issued on 24.8.2018 by the Assistant DG( Lands-II), Defence Estate addressed to the Principal Director, Defence Estates, Central Command, Lucknow stating that the competent authority has approved allotment of an alternative site to the applicant measuring 500 sq. yds subject to their paying transfer value at 50% of the current market rate. The communication further states that as soon as the applicant convey their acceptance to the above condition, the matter shall be placed for approval of the Cabinet.
Having regard to the above stand of the opposite party, this Court is not inclined to proceed any further in the instant matter. In case even after the applicants signify their assent to the condition imposed by the opposite party, but the matter is not decided in terms of direction issued by the Writ-Court, it shall be open to the applicants to approach this Court by way of fresh petition.
The contempt application stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 27.8.2018 skv