(1.) By way of the present Contempt Petition, petitioner alleges willful disobedience of the judgment passed by this Court in CWP No.2435 of 2017, titled as Ram Chand Versus State of Himachal Pradesh and others, decided on 06.12.2018, which stood allowed in the following terms:-
(2.) Executive Engineer, Rampur Division, Shimla, H.P., who is present in the Court, submits that the road in issue could not be constructed primarily for the reason that the residents of the area, who own part of the land, are not willing to part with the same and formally hand over ownership of the same to the government.
(3.) Learned Additional Advocate General has also drawn the attention of this Court towards para 5 of the judgment passed by this Court, contempt of which is alleged and by referring to the same he has submitted that the Court was alive to the said situation even at the time when the order was passed on 06.12.2018 as there is a specific reference in the judgment passed by this Court viz-a-viz construction of the road i.e. that the same shall be subject to the availability of the land as may be provided by the residents of the area.