KARAN SINGH Vs. SUDHANSHU PANT

JUDGEMENT

(1.) THE three matters under consideration come up on second contempt petitions for the alleged non -compliance with the order dated 8.4.2009 passed by this Court in SBCW P. No. 1818/2009, titled Karan Singh V. JDA and Ors. Therein the Court had directed as under:

(2.) IT has been stated that earlier contempt petition No. 487/2011 was also filed against the non -compliance with the order dated 8.4.2009 passed by this Court. Thereupon this Court, noting the submissions of the counsel for the JDA that the compliance of the order dated 8.4.2009 passed by this Court had been made under the JDA order dated 23.8.2011, had dismissed the contempt petition and discharged the contemnors but left "the petitioner free to move fresh contempt petition if new cause of action arose". It has been stated that in these circumstances, the petitioner being dissatisfied with the reasoning of the JDA in dismissing the petitioner's representation vide order dated 23.8.2011, this second contempt petition has been filed. Mr.S Kasliwal, Sr. Advocate assisted by Mr. Krishan Verma counsel for the petitioners has sought to rely upon the judgment of the Gujarat High Court in the case of Salmaben S. Dordawala v. Hajar Janab Amil Sahed and Anr., 1995 2 GLR 1799 as also on the Judgment of the Gauhati High Court (Kohima Bench) in the case of Confederation of All Nagaland State Services Employees Association v. E.T. Sunup and Anr., 1998 CrLJ 3451 to contend that the second contempt is indeed maintainable for the same cause of action.

(3.) REPLY to the contempt petition has been filed. It has been submitted that the earlier contempt petition filed by the petitioner against the alleged non -compliance of the order dated 8.4.2009 was dismissed on 24.8.2011. No "new cause of action" has since arisen to lay this second contempt petition. The order dated 23.8.2011 passed by the JDA rejecting the petitioner's claim for converting a facility area into a residential plot was also on record before the learned Judge on 24.8.2011 when the earlier contempt petition was dismissed. It was further submitted that in any event the directions of this Court in its order dated 8.4.2009 was to consider the case of the petitioner and the case of the petitioner having been considered and rejected by the JDA on a very substantial ground as the Hon'ble Division Bench of this Court in DB Civil Writ Petition No. 13084/2009, titled Shri Rakesh and others v. State of Rajasthan and others decided on 7.7.2011 had categorically held that once a lay out plan for a residential scheme was approved by the JDA, the facility areas therein vested in the JDA in the nature of a public trust and such areas for use as commons could not be thereafter on any ground whatsoever transferred to the private use to public detriment.