CHHOTUBHAI LAKHMABHAI VAGHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These contempt proceedings have been initiated for alleged violation of the order dtd. 20/1/2020 passed in Special Civil Application No.17153 of 2019 with Special Civil Application No.17155 of 2019. The direction which came to be issued under the said order reads as under:

(2.) Learned counsel appearing for the complainants would fairly submit that direction issued under condition (iii) has since been complied. He would also contend that no award has been passed as on date as directed under condition (i), to which, learned AGP would submit that process for passing the award has already been commenced and latest by 15/2/2022, the award would be passed. His submission made on instructions from the officials present is placed on record. Affidavit dtd. 19/8/2021 filed by the 5th respondent would also disclose that petitioner-Chhotubhai Vaghat and one Jivatbhai Mahyabhai have been paid a sum of Rs.1,12,500.00 through cheque dtd. 3/2/2021 for the period commencing from 28/12/2012 to 27/6/2020 which is partially in compliance of the direction issued in condition (ii) aforesaid. It is needless to state that rent as ordered is required to be paid till sizeable compensation is released in favour of the petitioners. In other words, said rent requires to be paid till the compensation is determined, award is passed and paid and/or deposited before appropriate authority. However, Mr.Munshaw, learned counsel appearing for 5th respondent would submit that if any amount towards rent is due and payable, same would be paid to applicants on bank details being furnished by the complainants. He would also submit on instructions from officials that amounts which are being paid, no recovery would be effected from complainants on account of the land having been utilised without acquiring the same and said land having been put to use for the past 10 years. His submission is placed on record.

(3.) With these observations, these contempt proceedings stand closed. Both these Misc. Civil Applications stand dismissed. Notice is discharged.