Heard learned counsel for the applicant.
By order dated 13.10.2017 passed in Public Interest Litigation (PIL) No.48184 of 2017 filed by the applicant, the Court directed as under:
"The principal prayer made in the writ petition reads thus:
"(A) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to demolish the unauthorized construction over plant road Shanti Nagar Dundaheda near Public Community Centre/Aurvedic Hospital Ghaziabad as indicated in his report submitted by the Up Nagar Ayukt Ghaziabad."
Counsel for the respondent no. 2 submits that the Nagar Nigam has already taken steps to find out whether any unauthorized constructions, as alleged in the instant petition, are raised by any person and, if they find any such constructions, they shall take appropriate action in accordance with law within a period of six months from today. His statement is recorded and accepted.
In view thereof, counsel for the petitioner prays for disposal of the writ petition. The petition is, accordingly, disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party. When the order was not complied with, the applicant again approached by preferring Contempt Application (Civil) No.5885 of 2018 and the same was disposed of on 19.4.2019, according one month's further time for complying the order 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.
The matter was taken up on 8.8.2019 and the Court had asked Sri Nagendra Nath Mishra, appearing for the opposite party to seek instructions in the matter.
On the matter being taken up today, Shri Nagendra Nath Mishra, Advocate has filed an affidavit of compliance on behalf of opposite party, wherein it has been indicated that so far as the encroachments are concerned, the proceeding under Section 67 (1) of U.P. Revenue Code, 2006 has already been drawn against the illegal occupants and day-to-day hearing has also been ensured in the matter. The instruction is taken on record.
Once the proceeding has been initiated by the Gaon Sabha under Section 67 (1) of U.P. Revenue Code, 2006 then in such situation the proceeding must be finalized on its own merit expeditiously and preferably within three months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within three weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
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.
Order Date :- 30.9.2019 RKP