Smt Savita Ghai vs Ms Ritu Maheshwari

Court No. - 16

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5044 of 2017 Applicant :- Smt. Savita Ghai Opposite Party :- Ms. Ritu Maheshwari, D.M.,Ghaziabad Counsel for Applicant :- Ashish Kumar Singh,Ajay Kumar Singh

Hon'ble Ashwani Kumar Mishra,J.

This contempt petition alleges disobedience of an order passed by the writ court on 14.7.2017 in Writ Petition No.30090 of 2017. Operative portion whereof reads as under:-

"We accordingly dispose of this petition with a direction to the District Magistate Ghaizabad to take an appropriate decision on the rate of compensation to be paid and the amount of compensation to be determined and the liability of the Ghaziabad Development Authority or other bodies who have utilized land of the petitioner without any acquisition proceedings in accordance with law within a period of two months from the date of production of a certified copy of this order."

The records reveal that the order has been served in the office of District Magistrate concerned on 3.8.2017, whereafter proceedings have been initiated but the matter has not been concluded so far.

In case the allegations made in this petition are correct then prima facie a case of disobedience of the order of writ court is made out. However, in the facts and circumstances, this Court finds it appropriate to grant one further opportunity to the opposite party to ensure compliance of the order of writ court.

Office is directed to send a copy of this petition to the opposite party concerned alongwith a copy of this order. It shall keep a record of the same. Process fee for the purpose be supplied by the applicant within a week.

This contempt petition is, accordingly, disposed of with a direction upon the opposite party to ensure compliance of the order of writ court, in accordance with law, within a period of two months from the date of presentation of certified copy of this order. Liberty, however, is reserved to the applicant to approach this Court again in case order of the writ court is not complied with.

Order Date :- 8.11.2017 Anil