HARI SACH DEV Vs. GALAJAR NATRAJAN

JUDGEMENT

(1.) This Contempt Case is filed alleging non-compliance of the order, dtd. 13/8/2009 passed by this Court in W.P.No.4615 of 2000.

(2.) The petitioner herein filed W.P.No.4615 of 2000 seeking a writ of mandamus to approve retainable area of 1000 sq.yards as requested by him on 14/9/1999 and to pay compensation for the excess land of 1826.76 sq.mtrs. It is stated that the petitioner is absolute owner and possessor of land admeasuring 2826.76 sq.mtrs in Sy.No.387 situated at Shaikpet Village and after the enactment of Urban Land (Ceiling and Regulation) Act, 1976 (for short "ULC Act"), he filed declaration in C.C.No.E2/1869/76. After due enquiry, the orders under Sec. 8(4) of the ULC Act were passed and final statement under Sec. 9 of the ULC Act, was issued declaring that the petitioner is entitled to hold 1000 sq.mtrs as retainable area under Sec. 4(1)(b) of the ULC Act. Thereafter, the possession of surplus land was taken over by following due process of law on 6/2/1997. This Court, after considering the counter affidavit and the material on record, while observing that the retainable area of the petitioner was assigned in favour of third parties and thereby the petitioner's right to enjoy the retainable area was deprived under Sec. 4(1) (b) of the Act, disposed of writ petition vide order dtd. 13/8/2009, with the following directions:

(3.) Alleging that the respondent has willfully disobeyed the orders of this Court in identifying the surplus land or for payment of compensation by invoking the provisions of the Land Acquisition Act, this Contempt Case is filed on 11/2/2011.