Court No. - 22 Case :- CONTEMPT No. - 886 of 2008 Petitioner :- Naseem Khan Respondent :- Mukesh Kumar Meshram Petitioner Counsel :- B.K. Singh Respondent Counsel :- D.K.Upadhyay Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and learned counsel for the L.D.A.
Division Bench of this Court passed an order to the effect that in case the
petitioner’s land has not been acquired by means of notification and the
possession of the same has been taken by the respondents, then they shall
either pay the compensation to the petitioner or they will show cause as to
why the compensation has not been paid to the petitioner.
It is submitted that till date cause has not been shown and neither any counter
affidavit has been filed in the writ petition. Last paragraph of the interim order
dated 14.02.2008 further indicates that the proceedings for issuing the
notification were in offing at the time of passing of the interim order.
Learned counsel for the L.D.A. states that notification process is on and the
matter has been referred to the State Government on 08.12.2009 for issuance
of notification after getting the clarification as pointed out by the Collector.
He submits that notification will be finalized very soon and further that the
petitioner has declined to receive the compensation offered by the
respondents.
The said compensation according to the learned counsel for the petitioner is
very meagre and not corresponding to the prevailing rates to which the
petitioner is entitled. Since no notification has been issued up till now and
also the compensation which has been offered is adequate or not is not before
this Court. The respondents are depriving the petitioner of his rightful claim
although possession of his land has been taken way back in the year 1982-83
but as stated by the learned counsel for the petitioner, the matter has been
lingered on at the behest of the respondents under the garb of verification of
title for a very long period.
Issuance of notification is the responsibility of the respondents. Since they
have failed in their statutory obligation and they have also failed to finalize
the matter as directed by this Court, it would be appropriate that the
respondents make all earnest efforts to get the matter expedited by the next
date. In the opinion of the Court, unnecessary liberty cannot be granted to the
respondents under the garb of alleged proceedings undertaken by them. They
should be very serious in complying the order of this Court and should show
all genuine efforts while undertaking to comply the order of this Court.
Since from the record, it is apparent that the opposite party is not serious and
neither prompt, it would be appropriate to direct that Vice Chairman,
Lucknow Development Authority, Lucknow will appear before this Court on
29.01.2010 to apprise the Court as to what steps have been taken or finalized
by the next date. The Court will assess the genuine efforts being made by the
opposite party and then pass further order in accordance with law.
List on 29.01.2010.
Order Date :- 5.1.2010
RBS/-