The applicant has preferred the present contempt application for non-compliance and willful disobedience of the judgement and order dated 21.10.2019 passed in WRIT - C No. - 31482 of 2019 (Lekhraj Singh Vs. State of U.P. and others). The operative portion of the aforesaid order is quoted below:-
"7. From the facts narrated above, it is clear that the land of the petitioner was acquired by the respondents as per the provisions of the Act, 1894 in the year 2005. Thereafter a bunch of writ petitions were filed before this Court challenging the aforesaid notifications and ultimately a decision has been taken by the Full Bench of this Court in the case of Gajraj Singh (Supra). The aforesaid controversy also came up before the Apex Court in the case of Savitri Devi (supra) in which certain observations were made which are quoted above.
8. It is further clear from perusal of the record that a decision was also taken by the respondent No.3 to provide the benefits of the law laid down by this Court in the case of Gajraj Singh (supra).
9. In view of the aforesaid facts and circumstances of the case, as the learned counsel for the parties have agreed that the ratio laid down by the Full Bench in the case of Gajraj (Supra) would squarely cover this case also, we are of the view that the petitioner would be entitled to the benefit of direction issued by the Full Bench of this Court in the case of Gajraj (Supra) in paragraph of 482-3(a) is as under :-
3(a) The petitioners shall be entitled for payment of additional compensation to the extent of same ratio (i.e. 64.70%) as paid for village Patwari in addition to the compensation received by them under 1997 Rules/award which payment shall be ensured by the Authority at an early date. It may be open for Authority to take a decision as to what proportion of additional compensation be asked to be paid by allottees. Those petitioners who have not yet been paid compensation may be paid the compensation as well as additional compensation as ordered above. The payment of additional compensation shall be without any prejudice to rights of land owners under section 18 of the Act, if any.
10. This writ petition is disposed of accordingly.
11. Parties shall bear their own costs."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has willfully not complied with the order and, thus, has committed civil contempt for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out but from perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the authorities would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within three months from the date of production of a copy of this order.
Accordingly, the present contempt application is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.8.2021 saqlain