DHARAM SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) By this contempt petition, the petitioner has asked the court to proceed against the respondents for contempt on the allegation that the respondents have defied the directions given by court in its order dated 28th March, 2008. The relevant part of the directions read as under :-

(2.) It is not disputed by the petitioner that an allotment letter dated 26th February, 2010 has been issued by the respondents and in terms of the directions given by the court. The amount already paid by the petitioner for 100 square meters of land was considered as good payment for 100 square meters. However, since the plot allotted to the petitioner measured 125 square meters of land, the petitioner was to pay the amount as per policy of DDA for the additional land. The allotment letter specifically requests the petitioner to deposit additional amount for only 25 square meters of area of land @ 18,458/- per square meter in terms of the policy of DDA which was a pre-determined rate as approved by DDA for the year 2009-2010.

(3.) The contention of counsel for the petitioner is that the order was passed by this court on 28th March, 2008 directing the respondents to comply with the order within six weeks. Had the order been complied with by DDA within six weeks from 28th March, 2008, the petitioner would have had to pay rate as per the policy of DDA applicable for the year 2008-2009 and not for the year 2009-2010. Since the DDA failed to comply with the order as per directions of the court, the petitioner is made to pay additional amount.