Srinagar, April 06: The High Court of Jammu & Kashmir and Ladakh directed Chief Engineer, Public Works department (PWD) and Collector PWD (Additional Deputy Commissioner, Srinagar) to appear before it along with the record on April 13 for non-compliance of court orders.
A bench of Justice Javed Iqbal Wani directed Chief Engineer, PWD and Collector PWD, who was impleaded as party respondent, to appear before it along with the record in respect of compensation of Rs 36 lacs for the land acquired by the respondents for construction of road.
The court was hearing a contempt plea filed by Zamruda Muzaffar through counsel Salih Pirzada seeking compliance of judgment passed by the court way back in June 2013 directing the respondents to process the case of petitioner for grant of land compensation within three months.
Underscoring that the judgment is “clear, categoric, explicit and unambiguous,” Justice Wani said that the delay till date in non-compliance of the judgement after the expiry of three months speaks volumes about the conduct of the respondents and their approach towards the Court judgment/order, although the order had been passed on the basis of the statement made by their counsel.
The court said that 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,”
Adding, “The respondents/contemnors in view of the aforesaid facts and circumstances need not to be given any further latitude and coercive measures are warranted to be taken against them.”
The court passed the observations after taking note of the statement of facts filed by respondents on March 23, 2023 stating that the respondents have taken the matter with the Administrative Department for compliance of the judgement and the Administrative Department had been requested for making available of Rs. 36 lacs for its release in favor of the petitioner.
The statement of facts was followed by another set of statement of facts filed by respondents on April 01, this year, submitting that the Administrative Department authorizes the Superintending Engineer for release of funds to the land compensation case of the petitioner to the tune of Rs. 36 lacs in favour of the petitioner.
The said statement of facts was accompanied with the letter of authorization referred in the previous statement of facts dated March 2023.
The court after perusing the statement of facts and authorization letter noted that the respondents have not so far complied with the judgement but have only been able to have authorization of the Administrative Department for release of the amount of Rs. 36 lacs in favour of the petitioner.
The court noted that despite the disposal of the earlier contempt petition filed in 2014 in which a series of orders were passed directing the respondents to ensure settlement of the case by releasing compensation of Rs 36 lac in favour of petitioner and disposed of the plea.
“The respondents yet, failed to comply with the judgement compelling the petitioner again to approach the court through the medium of instant contempt petition,” the court noted.
