Compliance with court orders must be executed in letter and spirit, and objections post-judgment cannot impede necessary actions.

JUDGMENT :

Tarlok Singh Chauhan, J.

The petitioner had filed CWP No. 2977 of 2018, wherein he had sought directions for the respondents for the construction of Ambulance Road from NH-5 to his house.

2. Record reveals that it was only on account of non-sanctioning of the amount that the construction of the Ambulance Road was withheld.

3. Later on, after the Model Code of Conduct had come to an end, the Deputy Commissioner sanctioned an amount of Rs.3,00,000/- for construction of the Ambulance Road and it was on this basis that the petition filed by the petitioner was allowed vide order dated 13.06.2019, which reads as under:-

“Fresh status report filed yesterday on 12.6.2019 on the affidavit of Deputy Commissioner Shimla reveals that the Block Development Officer Rampur vide letter No.RMP Grievance-2019-20 dated 2.4.2019 has submitted the estimate to the tune of Rs.3,77,000/- for construction of the ambulance road from NH-5 to the house of Shri Pushpanand at village Nirsu. The amount could not be sanctioned upto the month of May, 2019 due to imposition of Model Code of Conduct. Now the Deputy Commissioner (Deponent) has sanctioned the amount of Rs.3,00,000/- for construction of the ambulance road. In this view of the matter their remains nothing to be adjudicated upon in this writ petition on merits. The same is accordingly disposed of with a direction to the respondents to expedite the construction of the road preferably within three months from today. Pending application, if any, shall also stand disposed of.”

4. Since the road was not being constructed, the petitioner approached this court by filing contempt petition being COPC No. 125 of 2020, wherein even though the contempt petition was ordered to be closed on the ground that steps for construction of road in question have already been taken, however, further directions were again issued to the respondents to complete the construction of the Ambulance Road, if not already completed, as would be evident from the order dated17.03.2020, which reads as under:-

“By way of present contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for their having willfully and intentionally disobeyed the directions contained in judgment dated 13.06.2019, passed by Division Bench of this Court in CWP No.2977/2018, titled Pushpa Nand vs. State of Himachal Pradesh & others, whereby this Court having taken note of the fact that Deputy Commissioner has sanctioned amount of Rs. 3,00,000/- for construction of ambulance road, directed the respondents to expedite the construction of the road preferably within three months. Since no action, whatsoever, came to be taken at the behest of the respondents qua implementation of aforesaid judgment, petitioner has approached this Court in the instant proceedings for initiation of contempt proceedings against the respondents.

2. Reply to the petition stands filed on behalf of respondents, perusal whereof, clearly reveals that steps for construction of road in question already stand taken. It has been categorically stated in the reply that path has been already constructed by laying tiles on it and width of the said path is 2 meters. In middle of the said path a drain/kuhal is passing and slab was to be laid, but since petitioner himself raised objection qua the same, further work could not be completed. Reply further reveals that petitioner himself raised objection and stopped construction of the road on the ground that width of ambulance road is not proper.

3. Having taken note of aforesaid reply filed on behalf of the respondents, this Court finds that respondents pursuant to direction