Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4898 of 2018 Applicant :- Sumit Kumar Gupta And Another Opposite Party :- Saumya Agrawal Counsel for Applicant :- Shailendra Kumar Pathak,Rahul Srivastava
Hon'ble Manoj Kumar Gupta,J.
The instant contempt application has been filed for alleged violation of order dated 17.7.2017 in Writ-C No.26619 of 2017, whereby the writ petition was disposed of by the following order :-
"The respondent No. 3 shall grant an opportunity of being heard to the petitioners and after considering the reply submitted by them to the show cause notice, shall decide the show cause notice as expeditiously as possible and preferably within a period of eight weeks from the date of receipt of this order. Petitioners are directed to produce a copy of this order alongwith a copy of the writ petition and annexures before the third respondent within a period of one week from today.
It is made clear that this Court has not examined merits of the case."
Sri Ajeet Kumar Singh, learned counsel for the opposite party has placed on record an order dated 6.10.2018 passed by the Vice Chairman, Kanpur Development Authority, Kanpur. By the said order, in pursuance of direction issued by the Writ Court, the Kanpur Development Authority has deferred consideration of sanction of building plan on the ground that the objection pointed out by the Town Planner has not been removed so far. It is also observed that as and when the petitioners submit document to establish their title over the land in respect of which petitioners are seeking sanction of building plan, further proceedings shall be undertaken. He has also placed on record another order dated 26.10.2018 also passed by Vice Chairman, Kanpur Development Authority, Kanpur. By the said order, the Vice Chairman has again declined to sanction the building plan. It has been observed that division of the land on basis of decree passed in a partition suit under Section 176 of the U.P.Z.A. & L.R. Act, by assuming title in respect thereof in favour of the applicants, could not be made basis for claiming title. It has also been observed that a declaratory suit instituted by Kanpur Development Authority, Kanpur under Section 229-B of U.P. Z.A. Act is still pending consideration and until the said suit is decided, it would not be possible to sanction the building plan.
Counsel for the applicants vehemently contended that the aforesaid decisions by Kanpur Development Authority, Kanpur does not amount to disposal of the application of the applicant for sanction of building plan.
On the other hand, Sri Ajeet Kumar Singh, learned counsel for opposite party submitted that the order passed on 6.10.2018 followed by order dated 26.10.2018 amounts to full compliance of order of the Writ Court.
It is not disputed before this Court that a suit under section 229-B is pending in respect of the same land. The order passed by Vice Chairman on 6.10.2018 specifically records that part of Arazi no.398 admeasuring 2 bigha 5 biswa was duly acquired and an award was given on 31.7.1967 followed by possession on 2.7.1967. It further records that another part admeasuring 0.922 hectare was Gaon Sabha land and in respect whereof, name of Kanpur Development Authority has been duly recorded after expunging the name of the applicant. Kanpur Development Authority, Kanpur, which is claiming title over the land in respect whereof the applicant is seeking sanction of building plan, has therefore, deferred consideration of building plan until declaratory suit filed by it is decided.
It cannot be said that the decision taken by Kanpur Development Authority, Kanpur in the facts and circumstances noted above, does not amount to compliance of the directions issued by the Writ Court.
The contempt application is accordingly dismissed. However, it is left open to the applicants to challenge the order passed by Kanpur Development Authority, if they feel aggrieved thereby.
(Manoj Kumar Gupta, J.) Order Date :- 27.10.2018 skv