A. VINAY KRISHNA Vs. D.B. NATESHAND

JUDGEMENT

(1.) The present contempt petition is filed under Article 215 of the Constitution of India read with Ss. 11 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as "the Act" for short) to prosecute and punish the 3rd accused-contemnor for deliberate willful disobedience of the order dtd. 20/2/2020, passed by the learned single Judge in W.P.No.10950/2016 and the undertaking dtd. 4/4/2019 and 11/4/2019 vide Annexures - J & K respectively.

(2.) The case of the complainant is that the 3rd accused-contemnor had got the plan sanctioned from the 1st accused-Mysore Urban Development Authority ("MUDA") for the purpose of developing the residential layout in an area measuring 38 acres 13 guntas land situated at Maratikyatanahalli of Jayapura Hobli, Mysore Taluk. It is the grievance of the complainant that the members of the 3rd complainant-Royal Enclave Site Owners Welfare Association(R) ("Association") and the complainant Nos.1 and 2 have purchased sites from the 3 rd accused-contemnor has not completed the layout as per the condition imposed by the 1st accused authority- MUDA while sanctioning the plan. It is the grievance of the complainants that the request made to the 3rd accused-contemnor to complete the project and enable the owners of the sites to make use of their property was not heeded to. Since the 3rd accused-contemnor did not complete the project, the complainant Nos.1 and 2 approached the Upa Lokayukta with a complaint that the 1st accused- authority is hand in glove with the 3rd accused-contemnor and the interest of the site owners is not protected in terms of the conditions imposed by the authority as per Sec. 34 of the Karnataka Urban Development Authorities Act, 1987 ("the Act 1987" for short). It is the case of the complainant that the Upa Lokayukta directed the MUDA to initiate action immediately or to be prepared to face the consequences. Consequently, the authorities of the 1st accused-MUDA issued notices to the 3rd accused- contemnor appraising that if the project is not completed in terms of the sanctioned plan, the 1st respondent-MUDA would take over the project and complete the same as provided under Sec. 34 of the Act 1987.

(3.) It is the further case of the complainant that as there was no action taken by the 3rd accused- contemnor to comply with the issuance of notice by the 1st respondent-MUDA was constrained to file W.P.No.10950/2016 seeking a direction to the 3rd accused-contemnor to start and complete the development work by providing all amenities to the layout called "Royal Enclave" situated in Maratikyatanahalli, Jayapura Hobli, Mysore Taluk, as approved by the 1st respondent-MUDA at Annexure-E. It is submitted by the complainant that the 3rd accused- contemnor was required to form a layout by providing various amenities as promised to the complainants before making an application for release of sites for execution of the sale deeds. On the basis of the release order issued by the 1st respondent-MUDA, the 3rd accused-contemnor sold the sites and executed sale deeds in favour of the complainants and other members of the complainant-Association and received the entire sale consideration. After filing of the writ petition, notice was ordered to the 3rd accused-contemnor and the 3rd accused-contemnor, even after receipt of the notice, did not make any effort to appear before the writ Court and hence, learned single Judge was forced to issue bailable warrant against 3rd accused-contemnor and on the issuance bailable warrant, 3rd accused-contemnor appeared and the matter was heard by the learned single Judge from time to time and it was submitted by the complainant that the 3rd accused-contemnor filed an undertaking before the learned single Judge on 04 04.2019 stating that he will complete the entire civil work within five months and further on 11/4/2019 an application of undertaking was again filed by the 3rd accused-contemnor stating that he would comply the civil working within a period of five months. Learned single Judge, on the undertaking given by the 3rd accused-contemnor passed an order on 20/2/2020 directing the accused to commence and complete the entire civic works such as underground drainage, rain water drains, culverts, formation of roads, demarcation of sites, numbering sites, laying of water pipelines in Sy.Nos.77/1, 77/4 and 77/5 and that the entire work to be completed within a period of five months.