Excelsior Correspondent
Srinagar, Apr 6: High Court has sought personal appearance of Additional Deputy Commissioner (ADC) Srinagar and Chief Engineer (PWD) before the court for not implementing the 10-year old judgment till date.
Justice Javed Iqbal Wani while seeking personal appearance of ADC Srinagar and CE PWD recorded that the contemnors in view of the facts and circumstances need not to be given any further latitude and coercive measures are warranted to be taken against them. “Chief Engineer and the Additional Deputy Commissioner, Srinagar are directed to appear in person along with a record of the case on 13.04.2023”, the Court directed.
Record revealed that series of orders came to be passed by the court in the contempt petition and Collector PWD Srinagar came to be summoned after the contemnors herein in one of the statements of fact reported that the amount of compensation payable to the petitioner had to be assessed by the Collector PWD (Additional Deputy Commissioner, Srinagar) and on 29.05.2019 the Collector sought some time to submit compliance on the ground that he had joined the post very recently and time was granted for reporting compliance.
Earlier, the Collector had sought the depositing of the funds to the tune of Rs. 36 lacs from the R&B Department in consequence to which the appearing counsel for the contemnors undertook to comply with the requisition made by the Collector and consequently Collector came to be directed to ensure settlement of the case by or before the next.
Court said the judgment is clear, categoric, explicit and unambiguous, requiring the respondent-contemnors to do the needful in terms of the statement made by their counsel and the said exercise have had to be taken by the respondents within a period of three months commencing from 05.06.2013.
“The delay till date in non-compliance of the judgement after the expiry of time given by the court, speaks volumes about the conduct of the respondents and their approach towards the Court judgment. The amount of delay the contemnors have committed in the matter and delaying the payment of compensation to the petitioner for the property having been acquired by them in the construction of a road cannot be condoned by any sense of imagination. The respondents apparently have been playing dilly dallying tactics in the matter and have been showing complete disrespect to the Court”, Court said.
It is stated that the contemnors have taken the matter with the Administrative Department for compliance of the judgment and in furtherance thereof the Administrative Department had been requested for making available of Rs. 36 lakhs for its release in favour of the petitioner.
The aforesaid statement of facts is followed by another set of statement of facts filed on 01.04.2023 wherein it is being stated that the Administrative Department authorizes the Superintending Engineer for release of funds to the land compensation case of the petitioner as per the order passed to the tune of Rs. 36 lakhs in favour of the petitioner.
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