JAIPUR DEVELOPMENT AUTHORITY Vs. HARI NATH SHARMA

JUDGEMENT

(1.) An application for contempt has been moved by the Jaipur Development Authority in respect of interfering in the final verdict passed by this Court on 12/05/1994, which according to the submission of the learned counsel for the petitioner, has been passed knowingly and wilfully in order to shake the faith of the public and also tantamounts to interference to the judicial proceedings and is an act of wilful disobedience.

(2.) The facts of the case are that the land acquisition proceedings were taken by the Land Acquisition Officer by issuing notification u/S. 4 on 13/05/1960 and declaration under Section 6 on 3-5-1961 and the award was passed on 9-1-1964. The compensation was accepted in 1970. A writ petition was filed under Article 226 of the Constitution of India after 22 years in the year 1992. The said writ petition was dismissed on 15-3-1994 on the ground of inaccurate, untrue and misleading facts being stated and the petitioner had not come with clean hands and was guilty of suppression of facts. An appeal was filed against the said judgment before the Division Bench which was decided on 12-5-1994 and it was held in the said appeal that the principles of estoppel, res judicata and construction res judicata are fully applicable. The dispute about possession of land was not considered bona fide. The decision of learned Single Judge was approved and beside the delay even on merit of the case, the appellant was held not entitled to succeed. It was also observed :

(3.) It appears that the file was put up before the said Land Acquisition Officer on 23-5-1994 and the Land Acquisition Officer has mentioned that the file was sent to the Advocate of Jaipur Development Authority and has been received today. The application was submitted by Babulal for cancellation of acquisition proceedings in pursuance of the notification dated 7-1-1971 issued u/S. 4 of the Act, was considered in the presence of his Advocate Babulal. It was directed that a copy of the application be given to Shri Madan Lal Surolia, Advocate for JDA to file the reply and the case was listed on 25-5-1994. On 25-5-1994, the contemner passed the order showing the presence of Shri Prem Surana, Advocate the operative part of which is as under :- From the above order passed by the contemner it is evident that the acquisition proceedings were dropped contrary to the finding recorded by this Court.