GH MOHD SHAH FAREED Vs. KHURSHID AHMAD GANAI

JUDGEMENT

(1.) THIS motion is laid to initiate contempt proceedings against Divisional Commissioner Kashmir and Executive Engineer, Right River Circular Road Division Srinagar for allegedly having defied/disobeyed the judgement/order dated 17 -12 -2003 of this Court while disposing of OWP No. 645/2003.

(2.) APPLICANTS (Writ petitioners) filed Writ petition 645/2003 restaining the State Government and its functionaries from dismantling petitioners house and taking possession of the land for road widening on spot, without taking recourse to due process of law. The Addl. Advocate General and Dy. Advocate General appeared for respondents and held out an assurance that the matter will be examined and the property of petitioner will not be acquired other than in due course of law and the compensation assessed as per provisions of Land Acquisition Act will be paid to the petitioners, on this assurance the writ petition was disposed of in terms as under: -

(3.) IN the application for contempt, petitioners allege that the structures of the petitioners have been demolished in an arbitrary manner and without resorting to due course of law. No compensation is paid to the petitioners, therefore, respondents are guilty of disobeying the judgment and for defiance of the order are liable to be proceeded against in contempt.