Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4704 of 2019 Applicant :- Indra Pal Opposite Party :- B.K. Banshal,Project Director And Another Counsel for Applicant :- Vijaya Shankar Shukla
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 26.04.2018 passed in Writ-C No.15185 of 2018 (Indra Pal v. Union of India & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner, Sri R.K.Jaiswal, learned counsel for the respondent no. 1 and Sri Neeraj Dubey, learned counsel for respondent no. 2.
Land belonging to the petitioner was subject matter of acquisition by the National Highway Authority of India, Moradabad. His grievance is that much more area than what was notified has been taken over by the National Highway Authority of India without paying any compensation.
Learned counsel for the petitioner referring to a letter dated 16.8.2016, filed as annexure-5 to the writ petition, contends that District Magistrate submitted a report to the Project Director, respondent no. 2 that though only 0.144 hectare of plot no. 263 belonging to the petitioner was subject matter of acquisition but on survey and measurement it was found that the remaining area of 0.200 hectare has also been illegally taken over and the petitioner is entitled to payment of compensation. Learned counsel for the petitioner further contends that till date no compensation has been paid.
Considering the facts and circumstances of the case, we dispose of the writ petition giving liberty to the petitioner to make a fresh representation ventilating his grievances before the respondent no. 4, Special Land Acquisition Officer (Joint Organization), district Bareilly annexing therewith all relevant documents in support of the claim and a certified copy of this order within two weeks from today, with the direction to the said authority that in case any such representation is made, he shall consider and decide the same in accordance with law by means of a reasoned and speaking order within a further period of four weeks from the date of making of the representation, after notice and opportunity of hearing to all concerned.
Needless to observe that in case the claim of the petitioner is found to be correct that possession of excess area has been taken over, he shall be entitled for payment of compensation for the said area."
Learned counsel for the applicant apprises to the Court that in response to the writ Court order the Special Land Acquisition Officer, Bareilly vide order dated 7.8.2018 has acknowledged that the land of the applicant has been taken over for construction of bypass and accordingly request has also been made to the Project Director, National Highway Authority, Moradabad to accord award in lieu of excess 0.0200 hect. land. It is alleged that still the compensation in question has not been paid and as such the writ Court order has not been complied with till now and thus the opposite parties 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 :- 30.7.2019 SP/