(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1 Heard learned Counsel for the appellants. In spite of the Order dated 17.10.2011 passed by this Court, neither the land of the appellants has been identified nor possession of the land has been given to the appellants. It was directed to the respondents to take appropriate steps to identify the land and to hand over possession of the land to the appellants and also directed to take help from the external agencies like DILR.
2 From the letters written by the respondents filed along with the affidavit-in-reply and additional affidavit-in-reply and the assertions made therein, it appears that, the respondents are under the belief that by mere writing letters to DILR, their function is over and till the report is submitted by the DILR, nothing would happen. It is strange that in spite of the directions of this Court, neither the Town Planning Committee nor the DILR has yet identified and measured the land.
3 Under the aforesaid circumstances, we direct the Collector, Surendranagar and Secretary, Urban Development and Urban Housing Department, though, he is not a party and Deputy Director, Land Records, who is also not party, are directed to file their personal affidavits duly sworn by them explaining therein as to why action should not be taken against them for their intention and also non-compliance of the Order of the Court dated 17.10.2011 on or before 31st of January,2012. Respondents No. 1, 2 and 3 shall also file their affidavits or further affidavits, as the case may be, to show cause as to why action should not be taken against them for non-compliance of the order dated 17.10.2011 on or before 31.1.2012. In case, the respondents do not file affidavits, as aforesaid, they shall personally remain present before this Court on 31.1.2012 at 11.00 a.m. D.S. is permitted.
(V.M.
SAHAI, J.) (A.J.
DESAI, J.) pnnair Top