G.M. BABU Vs. N. SIVASAILAM

JUDGEMENT

(1.) THIS contempt petition is by the appellant in writ appeal No. 15252 of 2011 complaining that undertaking given by the respondents therein, particularly, second respondent - Bangalore Metro Rail Corporation Limited, Bangalore [for short 'BMRCL'] for providing an access road to connect the two properties of the appellant, in between the open land of the appellant's property having been acquired for the purpose of BMRCL project, has been violated. Complaint is that though the undertaking was given and is subsequently directed by this court in terms of the order passed in writ appeal in paragraph -24 of the Judgment reading as under:

(2.) NOTICE had been issued to the accused persons and affidavit has been filed on behalf of the first and second accused sworn to by Mr. N. Sivasailam, Managing Director, BMRCL.

(3.) HOWEVER , Sri. Aditya Sondhi, learned counsel for the complainant draws our attention to the specific averment made in paragraph -6 of the affidavit of the second accused reading as under: