Court No. - 50
Case :- CONTEMPT APPLICATION (CIVIL) No. - 270 of 2013 Applicant :- Tukam Singh Opposite Party :- Vimal Dubey Competent Authority/ A.G.M. Land Acquisition Counsel for Applicant :- Vivek Shandilya,Manish Pandey,Manu Khare,Sudamaji Shandilya Counsel for Opposite Party :- Govind Saran,Rahul Agrawal,S.C.
Hon'ble Ashok Kumar,J.
The substitution application filed on 22.02.2017 is allowed. Necessary amendment be carried out during the course of day.
Heard Sri Vivek Shandilya, learned Senior Counsel assisted by Sri Manish Pandey, learned counsel for applicant and Sri Rajnish Kumar Rai for opposite party no. 1 and Sri Varad Nath, Advocate holding brief of Sri Rahul Agrawal for opposite party no. 2.
The present contempt application has been filed under Section- 12 of the Contempt of Courts Act. The submission of learned counsel for the applicant is that the respondents flouted and disobeyed the order passed by the writ court dated 05.11.2012 in Writ- C No. 57375 of 2012. The writ court has passed the following order while disposing of the writ petition:-
"The contention of the petitioner is that his land has been acquired by respondent 3 for the purposes of construction of Dedicated Freight Corridor. However, compensation has not been paid and he has been made to run from pillar to post for no justifiable reason.
Heard counsel for the petitioner and perused the averments made in the writ petition.
The writ petition is disposed of with direction to respondent 3 to verify the claim of the petitioner and if award has been made in his favour, in that event, release the amount of compensation within a period of one month from the date of receipt of a certified copy of this order.
The writ petition stands disposed of.
It is made clear that the court has not adjudicated the claim of the petitioner."
The submission of learned counsel for the applicant is that the writ court while disposing of the writ petition has directed the respondent no. 2 to verify the claim of the petitioner and further that if the award has been made in favour of the petitioner, in that event the respondent no. 2 will release the amount of compensation within a period of one month from the date of receipt of certified copy of the order dated 05.11.2012.
Learned counsel for the applicant has placed reliance of Annexure- 8 to the contempt application, which is the copy of the award. Learned counsel for the applicant has placed reliance of the contents mentioned on running page- 62 of the contempt application, which is the part of the award.
Learned counsel for the opposite party/Railway has submitted that adequate amount has already been paid to the applicant in compliance of the award and therefore, the present contempt application has to be dismissed.
Learned counsel for opposite party alternatively has submitted that in case if the applicant is aggrieved by the amount which has been paid to him he can raise his objection before the competent authority. He has referred the provision of Section 20F of Railways Act, 1989.
In view of the aforesaid, this contempt application is disposed of by directing the applicant to raise his objection before the competent authority within a period of two weeks from today and the competent authority will proceed in the matter and will not raise the objection with respect of limitation. The competent authority will expedite the proceedings and decide the same preferably within a period of six months from the date of presentation of the claim application along with the certified copy of the order.
With the above observation the application is disposed of.
Order Date :- 26.8.2019 Israr