Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4672 of 2021 Applicant :- M/S K.R. Mishra Opposite Party :- Narendra Bhooshan And Another Counsel for Applicant :- Gautam Kumar Counsel for Opposite Party :- Anjali Upadhya
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 17.09.2019 passed by learned Principal Secretary, Lucknow, U.P., The facts in brief as contained in the contempt application are that the applicant was allotted a plot being Plot No.95 situated at Sector XII, Echo Tech having area 2100 sqm. vide allotment letter dated 17.12.2008. The payment in respect of the aforesaid plot was duly deposited by the applicant. It is stated in the contempt application that since the allotted plot was not proper to run the industry and in the middle of the said allotted plot there was a big ditch/pit, representation was made by the applicant to fill up the aforesaid ditch/pit. Though various letters were written in this regard but no action was taken by the authority. Subsequently a letter dated 22.07.2009 was issued by the opposite party to the applicant but since the lease deed was not executed a letter dated 21.06.2016 was issued to the applicant for cancellation of the aforesaid plot. Ultimately aforesaid plot of the applicant was transferred to Vividh Weilding Mes Pvt. Ltd. on 22.07.2016. Aggrieved against the aforesaid a representation was made by the applicant. Since no action was taken on the same an appeal was preferred by the applicant before the State Government as provided under sub Section 3 of Section 41 of the U.P. Urban Planning Development Act, 1976. The aforesaid appeal was allowed by the Principal Secretary of the State Government vide order dated 17.09.2019. Pursuant to the same, an order was passed by the opposite party no.2-Manager Industries, Greater Noida Authority, Gautam Budh Nagar on 26.03.2021. Aggrieved against the aforesaid decision taken by the opposite party no.2, applicant has preferred the present contempt application.
It is argued by the counsel for the applicant that the order passed by the State Government dated 17.09.2019 was not complied with by the opposite party no.2 hence he is liable to be punished under Section 10 of the Contempt of Courts Act, 1971.
Heard learned counsel for the applicant and perused the record.
From perusal of the record it appears that against the cancellation of plot, appeal was preferred by the applicant before the State Government. The said appeal was finally decided on 17.09.2019. While deciding the aforesaid appeal following observations were made :-
"अततः गग्रेटर ननोएडडा कनो ननररनशित नकयडा जडातडा हहै नक यनर प्रश्नगत भभूखण्ड ससंख्यडा-95, सग्रेक्टर - इकनोटग्रेक- 12 पर ततृततीय पक्ष अरडार्थातत् महैससर्था नविनविध विग्रेललडसंग मग्रेस प्रडा०ललि० कडानबिज नहहीं हहआ हहै तनो उसकग्रे पक्ष मम नकए गए आविसंटन कनो ननरस्त करतग्रे हहए नबिनडा नकसती रण्ड कग्रे मभूलि आविसंटती कनो आविसंनटत कर नरयडा जडाए अन्यरडा ककी लस्रनत मम भभूखण्ड ससंख्यडा - 95, सग्रेक्टर-इकनोटग्रेक -12 कग्रे समततुलय रसरडा भभूखण्ड महैससर्था कग्रे ०आर नमशडा क पक्ष मम नबिनडा नकसती रण्ड कग्रे आविसंनटत कर नरयडा जडाए। एतद्दडारडा शती कग्रे ०आर नमशडा दडारडा प्रस्ततुत प्रत्यनोविग्रेरन नरनडासंक 04.09.2017 ननस्तडाररत नकयडा जडातडा हहै।"
After the aforesaid order was passed a decision was taken by the opposite party no.2. By the aforesaid decision now applicant has been allotted a plot upto 2,000 sqm. i.e. Plot No.66 Sector X Ecotech in place of Plot No.95 Sector XII, Ecotech area 2100 sqm.
From perusal of the aforesaid, the Court is of the opinion that while deciding the matter by the State Government directions were given to allot the same plot namely plot no.95 Sector XII, Ecotech to the applicant or in the alternative identical plot should be allotted without imposing any penalty and pursuant to the aforesaid another plot has been allotted by the opposite party no.2 to the applicant.
In this view of the matter, Court is of the opinion that no contempt has been committed by the opposite party in the matter. However, in case applicant is still aggrieved he is remedy to approach opposite party no.1 for non compliance of the order dated 17.09.2019.
Order Date :- 25.10.2021 Pramod Tripathi