Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3356 of 2021 Applicant :- Rajesh Arora And 2 Others Opposite Party :- Devesh Chaturvedi, Principal Secretary And 6 Others Counsel for Applicant :- In Person Counsel for Opposite Party :- Shivam Yadav
Hon'ble Ajit Kumar,J.
Heard Sri Rajesh Arora in person who claims to be representing other applicants also in person before this Court and Sri Shivam Yadav, learned counsel appearing for the Kanpur Development Authority and perused the record.
By means of this contempt application filed under Section 12 of the Contempt of Courts Act, 1971, non compliance of the order of writ court dated 8th January, 2021 passed in Writ- C No.- 25013 of 2020 is complained of.
It is submitted by the applicant that once learned counsel for the Kanpur Development Authority had made statement that proceedings had drawn in the matter of illegal construction under the U.P. Urban Planning and Development Act, 1973 and the same would be carried out and brought to its logical end expeditiously, the concerned authority was not justified in lingering on the matter.
Per contra, it is submitted by Sri Shivam Yadav, learned counsel for the Kanpur Development Authority that in respect of the notice issued under Section 27 of U.P. Urban Planning and Development Act, 1973, the other contesting respondent had already filed an appeal before the Commissioner which was still pending and now the Commissioner was to decide the proceedings expeditiously. He further submits that at the end of the authority the order of writ court virtually stands carried out as it could have issued only notice under Section 27 of U.P. Urban Planning and Development Act, 1973 and its consequential action the authorities are not in a position to take as appeal has been filed before the concerned appellate authority. Moreover, it is further argued that parties being co- shares in the property in question there is suit pending between the parties and an injunction order is operating therein.
Having considered the submission advanced by the petitioner who has appeared in person and Sri Shivam Yadav, learned counsel appearing for Kanpur Development Authority, I find that once the statutory appeal has been preferred under Section 27 of U.P. Urban Planning and Development Act, 1973, it is for the parties therein to get it decided expeditiously.
As far as the suit is concerned, appropriate proceedings are going on and there is no direction for expeditious disposal of the suit. The defence taken by learned counsel for the Development authority seems to be absolutely justified.
As far as the contesting private parties are concerned, there is no directions in their respect.
In view of the above, I do not find any deliberate and wilful disobedience shown to the order of writ court by the opposite parties so as to prosecute them under Section 12 of the Contempt of Courts Act, 1971.
Accordingly, the contempt application is consigned to records. Notices issued, if any, stand discharged.
Order Date :- 30.9.2021 Atmesh