ABRAR AHEMAD MOHAMMAD ISHAQ Vs. NIDHI PANDE

JUDGEMENT

(1.) Heard the learned advocate for the review applicant, learned A.G.P. as also Mrs. Dube (Bajpai) for the respondent No. 1-Corporation.

(2.) The petitioners' land was taken possession of in the year 1997 without following due process of law. In Writ Petition No. 7739/2008 by the order dtd. 2/9/2009 the respondent No. 3 therein i.e. the Collector was directed to resort to appropriate proceeding under the Land Acquisition Act , determine the amount of compensation after hearing the respondent no. 1 therein namely Aurangabad Municipal Corporation and to pass award within three weeks. The amount of compensation was also directed to be paid to the petitioner without prejudice to his right to resort to reference for enhancement.

(3.) Since thereafter the matter is lingering inasmuch as the partly sum of Rs.13,50,583.00 of the amount of compensation is still to be deposited by the Municipal Corporation with the Special Land Acquisition Officer. It is this order which was sought to be pressed into service due to the alleged disobedience by the Corporation. In Contempt Petition No. 592/2015 the petitioners were seeking to initiate a proceeding against the Corporation and its officers for their failure to deposit the amount of compensation. By the order dtd. 27/6/2017 we had disposed of that Contempt Petition with following observations :