LAND ACQUISITION ZONE OFFICER Vs. HADIBANDHU BEHERA

JUDGEMENT

(1.) THIS is an application filed by the legal representatives of Respondent Nos. 1 and 12 for implementation of the order dated 17.5.2002. From the record it reveals that at the beginning Respondent No. 4 was permitted to withdraw the 50% of the awarded amount. But later on, the said order was modified by order dated 17.5.2002 permitting not only the legal heirs of respondents 1 and 12 but also all other respondents to withdraw the same. It was for the executing Court to honour the order passed by this Court and not to stullify the order by circumventing it. Accordingly, we hereby direct the executing Court to disburse 50% of the deposited amount proportionately to each of the respondents/legal heirs on offering property security within 15 days from the date of receipt of the order and report compliance.

(2.) AT the first blush, we were about to issue a contempt rule, but at the request of the Bar, we did not proceed to issue rule. The Court is cautioned from avoiding compliance of the order passed by higher Court. Ordered accordingly.