Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4661 of 2021 Applicant :- Paras Pride Residents Welfare Opposite Party :- Sri Deepak Kumar, The Principal Secretary Urban, Planning And Development Counsel for Applicant :- Narendra Kumar
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 order dated 22.02.2021 passed in Writ C No.6039 of 2021 (Paras Pride Resident Welfare Association Vs. M/S Paras Realtech Ltd and another), which for ready reference is quoted as under:-
"Heard Sri Narendra Kumar, learned counsel for the petitioner and Sri Dharmendra Singh Chauhan for the Authority.
The petitioner, a society of home buyers, alleges certain irregularities as regards the deficient services provided by respondent no. 1 in respect of which it raised its grievance before respondent no. 2 in the light of the decision of the Apex Court dated 2.9.2019 in SLP (Civil) No. 20.428/2019. However, respondent no.2 under the order impugned dated 20.3.2020 rejected the reliefs claimed by the petitioner.
Sri Chauhan, learned counsel for the Authority submits that the appropriate remedy for the petitioner is to approach the appellate forum i.e. the State Government under the provisions of U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 and in the light of the decisions of this Court in M/s Designarch Infrastructure Pvt. Ltd. vs. Vice Chairman, Ghaziabad Development Authority, 2013 (9) ADJ 594 and that of Shipra Sristhi Apartment vs. State of U.P. and Others, 2021 (2) ADJ 317{DB}, wherein in the latter decision, the competent authorities are already under a general mandamus of this Court to consider and dispose of the grievances of the home buyers / associations, within 3 months, which learned counsel for the petitioner is unable to controvert.
We find considerable merit in the submission of Sri Chauhan.
This writ petition is disposed of with the direction that in the event the petitioner approaches the appellate authority i.e. the State Government in respect of its grievance, the said authority shall proceed to adjudicate the same, as expeditiously as possible, preferably within 6 weeks from the date of receipt of this order, after hearing the parties concerned, in accordance with law. "
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 wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within four weeks from the date of production of a copy of this order.
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 party within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with 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 :- 25.10.2021 Swati