Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3225 of 2019 Applicant :- Mangu Khan And Another Opposite Party :- Mr Mukul Singhal, I.A.S, Secretary Housing And Development And 3 Others Counsel for Applicant :- Shashwat Anand,Musarrat Parveen
Hon'ble Mahesh Chandra Tripathi,J.
Heard Ms. Aishwarya Dobhal for the applicants and Sri Kartikeya Saran who appears for the opposite parties no. 3 and 4.
As it has been alleged the opposite parties have willfully flouted the order dated 8.3.2019 passed in Writ C No. 7849 of 2019 (Mangu Khan And Another Vs. State of U.P. and 3 Others) on the pretext that at one hand the statement made by the counsel who represents the opposite parties that the notice dated 12.2.2019 issued by the authority had been withdrawn, on the other hand, without affording any notice, the demolition had been carried out by the authority.
Vide order dated 21.5.2019, learned counsel for the applicants has been asked to serve upon notice to Sri Kartikeya Saran who represents the opposite parties to seek the instruction in the matter.
In response to the order dated 21.5.2019, on the basis of instructions, Sri Kartikeya Saran very fairly states that in the present matter two notices were sent to the applicants. Against the first notice under Section 26/27 of the U.P. Urban Planning and Development Act, 1973, the matter travelled upto the Apex Court and decided in favour of the Authority, whereas in response to the another notice dated 12.2.2019, the actual demolition was carried out on 21.2.2019 much prior to the order dated 8.3.2019 passed by this Court and as such, at no point of time, the Authority has flouted the order of Writ Court or the demolition was carried out without any notice to the applicants.
In the facts and circumstances, the Court is of the opinion there is willful or deliberate flouting of the order of the Writ Court and the undertaking was given before the Writ Court in the aforesaid factual situation. However, it is always open to the applicants to agitate before the appropriate Forum.
With the above, the present contempt application is rejected.
Order Date :- 30.5.2019/A.K.Srivastava