BHANU PRAKASH GUPTA Vs. SAURABH BHAGAT

JUDGEMENT

(1.) In this contempt petition violation of order dated 09.06.2016 is alleged in terms whereof respondents are directed to ensure that no private construction or other activity amounting to encroachment on either side of the distributary flowing through Chack Chiba, Sanjhi More Chadwal, is carried out.

(2.) It is being alleged that in presence of the order (supra) the respondents/some villagers of Chack Chibba and Chack Nathwal took up work of the construction over the suit land and that the respondents miserably failed to implement the order. It is being stated that no action has been initiated by the respondents to remove the encroachers as well.

(3.) Statement of facts has been filed by the respondents wherein the allegations leveled in the contempt petition are being denied. It is being stated that the respondents have taken necessary steps to stop the encroachment by the private parties and the allegation that some villagers are raising construction is false and that no construction is being undertaken by any private person. The photographs attached with the contempt petition to show that the order is being violated in fact relates to the laying of pipes in the distributary by the Department for crossing of tractors and farmers and a culvert has been constructed for carriage of departmental supplies for carrying out restoration work undertaken pursuant to e-NIT No. 07/2016-17 dated 16.01.2017. In essence the allegation of disobedience of the Court order (supra) is being denied by the respondents.