IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rohit Ranjan Agarwal, J.
Ishan International Educational Society - Applicant
Versus
Mukul Singhal Principal Secretary and Others - Respondents
Contempt Application (Civil) No. 5601 of 2017
Decided On : 31-05-2022
Land Acquisition Act 1894 - Section 4 (1), 17 (4), 6, 11 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 26 (1) (b), 64 - Contempt of Courts Act, 1971 - Section 12, 2 (b) - Contempt Application - Contempt Application having been disposed of for complying order of writ Court by opposite party, same having not been complied with, present contempt proceedings have been initiated at behest of applicant - Held, Designated Senior Advocate cannot receive a notice - No such power of accepting notice can be assigned to any State Law Officer by name - Notice is given and accepted by office of Chief Standing Counsel and Government Advocate, it is by designation - Chief Secretary, Government of U.P. is directed to apprise working of State Law Department in Allahabad High Court and place matter/order before Cabinet for taking appropriate action and make a draft plan as to how working is to be improved regarding State counsel in High Court as well as its Lucknow Bench - Chief Secretary shall further apprise Cabinet as to whether there is any requirement of having so many Additional Advocate Generals and Chief Standing Counsel at Allahabad High Court and its Lucknow Bench to defend State when there are more than 400 State lawyers already empanelled - Thereafter, Cabinet may take decision, as required, in best interest of State – Ordered accordingly.
JUDGMENT :
[Rohit Ranjan Agarwal, J.]
1. This is a second contempt application, the earlier Contempt Application (Civil) No. 3847 of 2017 having been disposed of on 5.9.2017 for complying the order of writ Court by the opposite party, the same having not been complied with, the present contempt proceedings have been initiated at the behest of the applicant.
2. This case has a chequered history, according to the applicant he purchased lands of Khasra Nos. 314, 329, 332, 333, 334, 335, 330 and 331 situated at Village Mahiuddin Kanawani, Pargana Loni, Tehsil Dadri, District Ghaziabad through registered sale-deed on 24.9.2002. Mutation was carried out over the said land. The State Government on 16.10.2004 issued a notification under Section 4 (1) and Section 17 (4) of the Land Acquisition Act 1894. By the said notification a total of 367-0-5 Bighas or 229.5390 Acres or 92.893 Hectare of land of Village Mahiuddin Kanawani, Pargana Loni, Tehsil Dadri, District Ghaziabad was to be acquired for residential scheme of Ghaziabad Development Authority (hereinafter referred as the 'Authority').
3. The said notification included the land of the applicant of Khasra No. 314-M, 329-M, 330, 331-M, 332-M, 353-M, 334-M and 335-M total area 8 Bigha i.e. 2.0240 Hectare. Notification under Section 6 of the Act of 1894 was published on 28.11.2005. The said notification was challenged by the applicant through Civil Misc. Writ Petition No. 7775 of 2005 and the Division Bench of this Court on 22.12.2005 granted interim order as to the dispossession of the applicant from the land in dispute. The said writ petition was disposed of on 7.12.2007 with a direction to the Authority to implement its Board Resolution dated 20.2.2003 so far as it relates to the release of the applicant's land.
4. Against the said order, the Authority filed special leave to appeal being Special Leave to Appeal (Civil) No. 18828 of 2008 wherein the Apex Court on 17.4.2009 granted interim order. On 21.4.2012 the State authorities made award under Section 11 read with Section 17 but the land of the applicant was not included. On 8.5.2015 an award was declared in respect of the applicant's land. The Apex Court allowed the appeal of the Authority on 9.9.2015 and set-aside the order passed by Division Bench of this Court dated 7.12.2007 and directed the Authority to consider the request of the applicant. On 6.10.2015 the Authority rejected the request of the applicant for release of the land.
5. The said order was challenged through Civil Misc. Writ Petition No. 60276 of 2015. The said writ petition was finally decided on 9.5.2017 and the Special Land Acquisition Officer was directed to redetermine the award by determining the market value of land as on 1.1.2014. The Court further directed that the redetermination of the amount of compensation shall be done under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as the 'Act of 2013') by treating 1st January 2014 as the date on which the market value of land should be determined. The said exercise was to be completed within three months. Post remand, the Special Land Acquisition Officer calculated the amount of compensation at circle rate prevalent on 1.1.2014 i.e. at the rate of Rs. 70,000/- per square meter and requested the Authority to deposit the amount so that the award may be declared.
6. In the meantime, the Authority filed a Special Leave Petition (Civil) No. 17660 of 2017 before the Apex Court. The said SLP was dismissed on 19.7.2017. After dismissal of SLP, applicant filed Contempt Application (Civil) No. 3874 of 2017 against the opposite parties for not complying the order dated 9.5.2017 passed by this Court. The Contempt Court on 5.9.2017 disposed off the contempt application granting two months time for complying the order of writ Court. Thereafter, the Authority filed the Review Petition No. 2765 of 2017 in SLP No. 17660 of
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Point of Law : Contempt Case - wilful disobedience - Applicant is aggrieved by the compensation so awarded by the State authorities, he may approach the forum available under the law challenging the ....
The main legal point established in the judgment is the limitation on the appealability of a contempt Judge's order under Section 19 of the Contempt of Courts Act and Chapter VIII Rule 5 of the Rules....
The court's jurisdiction in contempt proceedings is limited to ensuring compliance with the writ court order and does not extend to adjudicating the quantum of compensation.
Contempt proceedings cannot substitute for enforcement of binding court decisions; non-compliance must involve clear disregard of valid orders. The exercise of contempt jurisdiction is limited to ens....
The court emphasized the statutory right under Section 19 of the Contempt of Courts Act and the self-contained nature of the Act in regulating contempt proceedings.
The main legal point established in the judgment is the requirement of a final order in the contempt proceedings for an appeal to be maintainable, and the limitation on the High Court's jurisdiction ....
The rightness or wrongness of the order cannot be urged in contempt proceedings, and the Court cannot clarify the ambiguity in the order or traverse beyond the order while dealing with an application....
Court held that non-payment of compensation to landowners results in lapse of acquisition proceedings, emphasizing the necessity of proper deposit per statutory requirements.
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