KAMDHENU ENTERPRISES Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) M/s. Kamdhenu Enterprises through its Authorized Representative, Mr. Narendar Kumar Jain (hereinafter referred to as the 'petitioner company') is seeking initiation of contempt proceedings against the respondent No.1 i.e. State of NCT 'National Capital Territory' of Delhi as well as the respondent No.2 Mr. Babu Lal Meena, the erstwhile Additional District Magistrate, New Delhi for alleged wilful disobedience of the directions of this Court as contained in the order dtd. 16/1/2019 in W.P.(C) 259/2015 titled as 'Kamdhenu Enterprises Ltd. and Ors. v. Govt. of NCT of Delhi' under Article 215 of the Constitution of India, 1950

(2.) In order to understand the background that gives rise to the present contempt petition, it would be expedient to briefly refer to the history of the present litigation. The petitioner company claims to be the owner and in possession of the land falling in Khasra No. 1162 (1-0), 1163(4-8), 1165/1(1-0), 1165/2(0-4), 1165/3(3-12), and 1170 (0-4) falling in revenue village Malikpur Kohi @ Rangpuri, Tehsil: Vasant Vihar, New Delhi, admeasuring 2.1666 Acres i.e. 10 Bighas and 8 Biswas (hereinafter referred as the 'subject land'). Admittedly, Notification No. F.9(12)/95/L&B/LA/9743 dtd. 27/6/1996 under Sec. 4(1) of the 1894 Act 'Land Acquisition Act, 189' was issued by the GNCTD 'Government of National Capital Territory of Delhi' thereby seeking the acquisition of land measuring 1337 bighas 04 biswas, which included the subject land of the petitioner company for the purpose of developing Vasant Kunj, Phase-IV under the planned development of Delhi, invoking the urgency provisions of Ss. 17(1) and 17(4) of the 1894 Act.

(3.) It is also a matter of record that a declaration was issued on 10/1/1997 which was challenged by a batch of writ petitions including W.P.(C) No. 1953/1997 and an Award came to be passed bearing No. 02/1998-99 under Sec. 11 of the 1894 Act on 6/1/1999. However, the Award was rendered to be ineffective and non est by virtue of a decision by this Court dtd. 3/3/2005 'W.P.(C) 1953/1997' and 28/4/2006 Vasant Kunj Housing Welfare Society v. Union of India [2006 (89) DRJ 406] whereby the declaration issued under Sec. 6 of the 1894 Act dtd. 10/1/1997 and all consequent proceedings stood quashed.