SHANKARBHAI DHUDABHAI KOLI Vs. A R JAHA

JUDGEMENT

(1.) The applicant is constrained to take out this proceeding, as despite there being clear order and direction issued time and again, the concerned respondents have shown no sensitivity for obeying and complying the Court's order and directions. The applicant is awaiting for the compensation for the property he lost in State's effort to bring about welfare to the greater mass and larger public. In that process, the individual citizen's property is taken and compensation amount is only on the paper. Without dwelling much upon that, suffice it to say that on 1st October, 2015, this Court in Misc. Civil Application (For Contempt) No.2117 of 2015 in Special Civil Application No.1501 of 2015 had to pass the following order;

(2.) At this stage, we called upon Ms. Vacha Desai, learned AGP, as to whether she can take instructions qua the actual date of payment, which shall not be later than 27.06.2016, which would dissuade this Court, for the time being, from ordering any penalty or interest for such inordinate delay and lack of sensitivity evinced by the concerned and she submitted that she may receive instructions if the copies be handed over to her.

(3.) We are, therefore, proposing to keep this matter to 23.06.2016 for passing appropriate orders, as we are more than satisfied that there exists willful and deliberate disobedience to the Court's order, which has resulted into the present petition. In case, if there is still non readiness for compliance by the given date i.e. 27.06.2016, we shall be compelled to pass appropriate orders under the Contempt of Courts Act as well as imposing interest at the appropriate rate, which surely have to be recovered not from the public exchequer, but from the erring officers, who have been responsible for this delay in awarding the compensation. Put up on 23.06.2016 for further orders.