KULDIP SINGH KHAJURIA Vs. SHAHID ANAYATULLAH

JUDGEMENT

(1.) In this petition the petitioners seek initiation of contempt proceedings against the respondents for willful and intentional disobedience/violation of the judgment dated 22.12.2017 passed in OWP No.1819/2013, the operative portion whereof reads as under:-

(2.) From a bare perusal of the judgment dated 22.12.2017, particularly the operation portion thereof, it is abundantly clear that right of the petitioners to have the subject land vested with them subject to the deposit of an amount of Rs.85,87,443/- along with simple interest @ 2% per annum w.e.f. 20.07.2008 has been determined by this Court and the petitioners have been held entitled to regularization of their rights qua the property subject only to deposit of the aforesaid amount within the period stipulated in the judgment. Admittedly, on 22.12.2017 when the judgment was passed, the Jammu & Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001 (hereinafter referred as "?the Act of 2001 "?) was in operation.

(3.) The respondents have filed their statement of facts and submitted that the judgment dated 22.12.2017 cannot be complied with in view of the promulgation of the Jammu & Kashmir State Lands (Vesting of Ownerships to the Occupants) (Repeal and Savings) Act , 2018 (herein after "the Repealing Act of 2018 "? for short). Reliance has been placed on Section 3 of the Repealing Act of 2018 to contend that the proceedings before any authority under the provisions of the Act of 2001 shall not be proceeded with the commencement of the Repealing Act of 2018.