JAYABRATA BHATTACHARJEE Vs. ASHOK KUMAR

JUDGEMENT

(1.) Petitioner, who appears in person, has filed the present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, for initiating contempt of Court proceedings against the respondents for not complying with the order passed by this Court in CWP 1808/1994 dated 23.7.1999, which was upheld by the Supreme Court of India on 13.12.2007. The facts, as stated in this petition and necessary to be noticed, are that the petitioner was arrayed as petitioner no.6 in a writ petition, being W.P.(C)No.1808/1994. The order dated 23.7.1999 was passed by this Court in a batch of writ petitions wherein the writ petitioners had sought quashing of demand letters issued by Delhi Development Authority requiring them to pay amounts in excess of the estimated cost mentioned in the original demand-cum-allotment letters, which were issued by the DDA under its Fifth Self-Financing Scheme. It is further averred in this petition that the High Court did not go into the merits of the fixation of the price by Delhi Development Authority but the High Court was pleased to hold that DDA is not entitled to include in the cost of flats allotted, the equalization and conversion charges, and the interest element on the amounts charged under equalization and conversion charges heads. The relevant observation of the High Court in the order dated 23.7.1999, relied upon by the petitioner, reads as under:

(2.) The aforesaid order was challenged by the DDA before the Supreme

(3.) The petitioner submits that the Apex Court while dismissing the appeals Court of India, however, the appeal was dismissed. held that the earlier judgment of the High Court in the case of P.N.Verma v. Union of India would be binding on the DDA. Petitioner further submits that after the dismissal of the appeal by the Supreme Court of India, the DDA did not comply with the directions contained in the Order dated 23.7.1999 which attained finality. Petitioner next submits that DDA cannot plead ignorance of the order of the Supreme Court as the Registry of the Supreme Court of India sent a copy of the order dated 13.12.2007 to all the concerned parties including counsel for the DDA and the petitioner on 9.1.2008, which was duly acknowledged by the DDA on 11.1.2008. The said order was to be complied with by the DDA, however, the DDA has failed to comply with the said order of the Supreme Court of India and the High Court of Delhi.