IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V. BHASKAR REDDY, J.
S. Ram Reddy - Appellant
Versus
Sri. Aravind Kumar IAS - Respondent
Contempt Case No.1043 of 2023
Decided On : 09-06-2025
| Table of Content |
|---|
| 1. allegation of non-compliance with court's order (Para 1 , 2) |
| 2. respondents' defense against contempt (Para 3) |
| 3. court's findings on compliance issues (Para 4 , 5 , 6 , 7) |
| 4. final order for execution of conveyance deed (Para 8) |
ORDER :
C.V.BHASKAR REDDY
This Contempt Case is filed alleging non-compliance of the interim order, dated 16.02.2023 passed by this Court in Writ Petition No.1836 of 2020, wherein this Court directed the respondent No.2 to register the Plot No.181 admeasuring 666.67 sq.yards in favour of the petitioner as per the allotment made on 31.10.2016 duly relaxing the conditions for the registration as applicable under the Scheme within a period of four weeks from the date of receipt of copy of the order and to file status report on the registration of the said plot by 16.03.2023.
2. It is stated that land to an extent of Ac.99.13 gts in Sy.Nos.500 & 501 situated at Uppal Bhagayat Village, was acquired for Musi River Conservation & River Front Development after following the procedure under the provisions of LAND ACQUISITION ACT , 1894. In lieu of compensation, the land-losers requested for allotment of alternative developed land of 1000 sq.yards as promised vide Proceedings No.LA/HUDA/363/05 dated 20.04.2007. On the recommendations of Hyderabad Municipal Development Authority (HMDA), the Government agreed the proposal and issued G.O.Ms.No.36 Municipal Administration and Urban Development Department dated 22.01.2011 permitting the respondents to allot/award 1000 sq.yards for every one acre land acquired in lieu of monetary compensation under Section 31(3) of LAND ACQUISITION ACT . It is stated when the said benefits were not extended to the petitioner, he filed W.P.No.19128/2006 and this Court vide order dated 28.02.2011 disposed of the said writ petition directing the respondents to extend the benefit in terms of said G.O. When the respondents have not executed conveyance deed to the agreed extent of land/plot in lieu of compensation, the petitioner filed W.P.No.1836/2020 and this Court has granted interim order on 16.02.2023. The grievance of the petitioner in this contempt case is that even after specific directions issued by this Court to register the plot No.181 admeasuring 666.67 sq.yards allotted to the petitioner as per the allotment order dated 31.02.2016 duly relaxing the conditions, till date, the respondents have not taken any action and therefore, prayed this Court to initiate contempt proceedings against the respondents under the provisions of Contempt of Courts Act, 1971.
3. After receipt of the notice in this Contempt Case, the respondent No.1 has filed counter inter alia stating that the land of the petitioner is abutting to the Inner Ring Road and as per the directions of the Government in Memo No.18829/11/2012 dated 01.08.2015, the Metropolitan Commissioner vide Proceedings No.LA/363/2005 dated 31.10.2016 allotted Plot No.181 admeasuring 666.67 sq.yards. It is further stated that various other persons were also allotted plots in lieu of compensation. In terms of the policy guidelines issued by the Government, it is stated one Sri Venu Gopal has filed W.P.No.9700/2017 praying this Court to direct the respondents not to allot land admeasuring 401 sq.yards in Sy.No.454 of Uppal Bhagayath Village of HMDA layout. This Court vide order dated 20.03.2017 granted interim direction in the said Writ Petition and the same is in force as on date. It is specific case of the respondents that to the extent of patta land admeasuring Ac.0- 05.5459 gts that was acquired, the petitioner is eligible to get 138.87 sq.yards and 138.87 sq.yards of developed land and the same was awarded vide award No.LA/363/156/05 dated 11.01.2012. The remaining extent of Ac.0-34.4451 gts for which the writ petitioner claimed compensation is covered under the Urban Land Ceiling and Regulation Act, 1976 and the same was declared as surplus and possession was taken over by the Government and hence no compensation is awarde
Non-compliance with court orders constitutes contempt, requiring execution of the court's directive within stipulated time or facing penalties.
The court emphasized that proving contempt requires establishing wilful disobedience of court orders, asserting jurisdiction under the Urban Land Ceiling Act mandates compliance for compensation.
(1) Discretion given to court in dealing with proceedings under Contempt of Courts Act is to be exercised for maintenance of court’s dignity and majesty of law.(2) Contempt of Court – Aggrieved party....
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