TRIPAT SINGH (BRIG ) Vs. MANZOOR BRICK KILLIN

JUDGEMENT

(1.) THROUGH the medium of this Letters Patent Appeal, order dated: 20.10.94 passed by the Learned Single Judge in contempt petition No. 469/98 has been challenged. In the impugned order the appellant has been prima -facie held to have wilfully disobeyed order dated 20.10.1994 passed in OWP No. 553/93, the appellant was required to show cause to the notice on the next date.

(2.) THE order has been challenged on the ground that in the order dated: 20.10.1994 (passed in OWP No. 553/93), the liability to determine and make the payment of the amount of damages to the respondent No.1 was fixed on respondent No.2 only (Mr. C. Phonsog Addl. Chief Secretary Govt. Home Department) and not on Union of India or the petitioner. In the contempt proceedings, the learned Judge has falsely implicated both of them and thus the order is wrong.

(3.) THE relevant facts of the case are that respondent No. 1 in writ petition No. 553/93 had impleaded (I) Union of India through Secretary of Home Affairs, New Delhi. (2) Chief of Army Staff. Army H/Q. New Delhi; (3) Sub -Area Commander, 31 Army Corpus C/o 56 APO Badami Bagh, Srinagar; (4) State of J&K through Addl.; Chief Secretary (Home) J&K, Jammu; (5) Director General of Police, J&K Srinagar; (6) Deputy Inspector General of Police, Kmr. Range Srinagar; (7) Divisional Commissioner Kashmir, Srinagar. (8) Addl. Divisional Commissioner, Kashmir; (9) Deputy Commissioner, Budgam; (10) General Manager, District Industries Centre, Budgam; (11) Tehsildar (settlement) Tehsil Chadura as respondents and prayed for the relief of writ of mandamus commanding them to vacate the land occupied by them and pay the compensatory damages from October 10, 1990 till date. Respondents 1 to 3 were required to vacate the land occupied by them. The Ld. Single Judge decided the writ petition holding as under  Therefore, in view of the foregoing, it is undoubtedly clear that the Union of India is bound by law to pay compensation by way of rents in lieu of the user of the land in accordance with law to the petitioner. The concluding para of the judgment runs: - Therefore, this writ petition is allowed and a direction is issued to the Collector of District Budgam that he shall hold an inquiry in the matter providing sufficient opportunities to both the parties to assess the loss suffered by the petitioner from October, 1990 by way of damages. He may make a summary inquiry providing opportunity to both the parties by way of adducing evidence and then decide the quantum of compensation by way of rents payable to the petitioner and shall submit a report to the Addl. Chief Secretary (Home). J&K State, within a period of three months from today and the Addl. Chief Secretary (Home), J&K in turn shall implement the same within a period of two months thereafter and pay the rents payable to the petitioner by way of compensation.