Raj Kumari Chandra vs Mr. C.B. Paliwal & Ors.
2016 Latest Caselaw 5201 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- CONTEMPT No. - 543 of 2016
 

 
Applicant :- Raj Kumari Chandra
 
Opposite Party :- Mr. C.B. Paliwal & Ors.
 
Counsel for Applicant :- Ravi Kumar Darshan
 
Counsel for Opposite Party :- Ateequzzaman Siddiqui
 

 
Hon'ble Aditya Nath Mittal,J.

Heard learned counsel for the petitioner, learned Standing counsel and perused the record.

By means of the present petition, the petitioner has sought compliance of order dated 3.4.2015 passed by this Court in writ petition no. 2673 (M/B)/2015.

The operative portion of the order dated 3.4.2015 passed by the writ court is reproduced  here below:-

" Mr. Q.Z. Siddiqui, leaned counsel for  respondent  nos. 3  and 5 has submitted that since the land s needed for construction of New Secretariat the eviction of the petitioner has become utmost necessary. So far as the petitioner's claim for alternative arrangement is concerned it has been submitted that the petitioner has encroached upon the land, therefore, he cannot claim any right over there. Since the petitioner is anxious for his rehabilitation we do not feel it proper to enter into controversy as to who is the owner of the house. It is not in dispute that the petitioner has been living there since more than 10 years. Therefore, we are of the view that if the Government needs the said premises for the construction of new Secretariat it is his obligation to rehabilitate the occupiers of the house at some other place. Therefore, we hereby issue direction to the respondents to consider the petitioner's request for rehabilitation at some other place with the condition that the house in question shall be demolished only after the petitioner's rehabilitation.

On the event of providing the alternative accommodation the petitioner shall have no right to claim any better arrangement.

The writ petition is disposed of with the aforesaid direction"

The short counter affidavit has been filed, wherein Annexure-1 has been annexed by which  the opposite party has allotted a house to the petitioner in Basant Kunj Yojna, Sector P by order dated 10th April, 2015.

In these circumstances, the substantial compliance of the order passed by the writ court has been made.

In view of the above, the petition has become infructuous and the same is dismissed as such.

Order Date :- 12.8.2016

GSY