Allahabad High Court
Brij Pal Singh vs Kanchan Verma, President / Vice ... on 13 February, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 969 of 2020 Applicant :- Brij Pal Singh Opposite Party :- Kanchan Verma, President / Vice Chairman, Ghaziabad Development Authority Counsel for Applicant :- Alok Kumar Singh Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 24.05.2019 passed in Writ Petition No.12814 of 2013 (Brij Pal Singh v. State of U.P. & Ors.), the operative portion of which for ready reference is quoted as under:-
".................In view of the aforesaid facts and circumstances, we do not find any justification on part of GDA in fixation of final cost of the house to be Rs. 14,41,464/- vis-a-vis estimated cost of Rs. 10 lakhs as announced. The said enhancement is patently unreasonable, unfair and arbitrary. It is not proportionate to the estimated cost. According to the ratio of the Kanpur Development Authority the proportionate enhancement ought not to be more than 10% of the estimated cost of Rs. 10 lakhs which would have increased the final cost by Rs. 1,00,000/- only and as such the final cost could not have been fixed beyond Rs. 11 lakhs.
In view of the aforesaid facts and circumstances, the demand of additional amount of Rs. 4,41,464/- is held to be illegal and the GDA is directed to redetermine the final cost of the house allotted to the petitioner as on the date of allotment afresh in accordance with law keeping in mind the proportionate variation in the estimated cost announced by it in accordance with law referred to above within a period of two months from the date of placement of this judgment before it and it is expected that the fixation of cost shall be informed to the petitioner whereupon on deposit of the increased amount, GDA will complete the formalities of execution of sale deed/lease deed and transfer of actual possession to the petitioner within a further period of one month thereafter.
The writ petition is allowed with no orders as to cost."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within four weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within three weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 13.2.2020 SP/