Allahabad High Court
M/S Om Sai Nath Buildcon India Pvt. ... vs Kaushal Raj Sharma D.M. Lucknow on 27 January, 2023
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Reserved
Court No.16
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1398 of 2018
Applicant :- M/S Om Sai Nath Buildcon India Pvt. Ltd Thru. Director Jai
Opposite Party :- Kaushal Raj Sharma D.M. Lucknow
Counsel for Applicant :- Abhinav Singh,Gaurav Mehrotra,Rajiv Shukla,Rani Singh
Counsel for Opposite Party :- C.S.C.
Hon'ble Rajeev Singh,J.
1. Heard Shri Gaurav Mehrotra, learned counsel for the applicant and Shri Mukund Tiwari, learned counsel for the respondents.
2. The present contempt application is filed with the prayer that the respondents may be summoned and punished for disobeying the order dated 07.03.2017 passed in Writ Petition No.62 (M/B) of 2015.
3. Learned counsel for the applicant submitted that Plot No.173 area 0.351 hectares situated at Village Maleseamau, Pargana Tehsil, District Lucknow was purchased on 20.8.2005 through Registered sale deed in the Office of Sub Registrar II, Lucknow, vide book No.1 jild No. 5238 page 277/310 Serial No. 7649, from the recorded tenure holder, namely, Mohammed Farooq, Mohammed Haseeb, Mohammed Laek, Mohammed Zuned and Mohammed Shareef and the possession was taken up by the Lucknow Development Authority over the property in question without acquisition, therefore, the Writ Petition No. 62 (M/B) of 2015 was filed with a prayer for mandamus commanding the authorities to acquire the plot in question and pay compensation in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ''Act 2013') within the stipulated time. The aforesaid writ petition was disposed of by this Court vide order dated 07.03.2017 with a direction to the authority either to acquire the land itself and pay compensation in accordance with the rules or get it purchased.
4. Learned counsel for the applicant submitted that the land of the applicant was acquired under the provisions of Act, 2013 and the award of amounting, Rs. 5,10,00,000/- and Rs.11,16,26,000/- were paid in the account of the applicant on 28.12.2020 and 07.01.2021, respectively. He further submitted that as per the provision of Section 80 of the Act, 2013, applicant is entitled for the interest @ 9 % per annum from the date of taking over the possession of the property in question. He further relied on the decision of Allahabad High Court in the case of State of U.P. through Collector Varanasi vs. Bechu Ram and another reported in 2009 SCC Online All 227 and decisions of the Hon'ble Supreme Court in the case of Tahera Khatoon and Others vs. Revenue Divisional Officer/Land Acquisition Officer and Others reported in 2014 13 SCC 613, Balwan Singh and Others vs. Land Acquisition Collector and Another reported in (2016) 13 SCC 412, Reddy Veerana vs. State of Uttar Pradesh and Others reported in 2022 SCC Online SC 562, Gregory Patrao and Others vs. Mangalore Refinery and Petrochemicals Limited and Others reported in 2022 SCC Online SC 830 and R.L. Jain (D) BY LRS. vs. DDA and Others reported in (2004) 4 SCC 79 and submitted that it is obligatory on the part of the District Magistrate, Lucknow to grant interest, therefore, the respondents are committing contempt and they shall be punished.
5. On the other hand, Shri Mukund Tiwari, learned counsel for the respondents submitted that the State Government for the purpose of construction of Amar Shaheed Path, Gomti Nagar Extension Scheme, Lucknow issued notification on 5.9.2000 and 6.2.2001 under Sections 4/17 and 6/17 of the Land Acquisiton Act, 1984 (hereinafter referred to as ''Act 1894) for acquisition of the lands situated at Village Maleseamau, Pargana Tehsil, District-Lucknow. The possession over the plots mentioned in the aforesaid notification were taken by the State Government and given to Lucknow Deveopment Authority, on 5.10.2001. It is admitted case of the applicant that he purchased the property in question on 20.8.2005 from the recorded tenure holder of Plot No.173 area 0.351 hectares situated at Village Maleseamau, Pargana, Tehsil, District Lucknow, as plot was not mentioned in the notification, therefore, he filed writ petition for acquisition of the plot in question, whcih was disposed of. Therefore, it is undisputed fact that no any direction was given by the writ court for payment of interest, as the land of the applicant was acquired in accordance with the provisions of Act, 2013 by award dated 15.12.2020 as per the prevailing rates and the compensation amount was paid.
6. Learned counsel for the respondent also submitted that facts of the present petition are entirely different from the judgments relied on by learned counsel for the applicant. He also relied on the decision of this Court in the case of Union of India Through Its Secretary Ministry of Home Affairs & Others vs. Keshan And Others passed in Land Acquisition No.202 of 2014, decided on 22.09.2021 and submitted that recorded tenure holder may file suit for damages before appropriate Court and no question for payment of interest is made out, as there was no direction of the writ court, thereore, contempt application is misconceived and liable to be dismissed.
7. Considering the submissions of learned counsel for the parties and going through the record, it is evident that the State Government for the purpose of construction of Amar Shaheed Path, Gomti Nagar Extension, Lucknow issued notification on 5.9.2000 and 6.2.2001 under Section 4/17 and 6/17 of Act, 1894 and after possession, all the Khasras mentioned in the notification were given to the Lucknow Deveopment Authority on 5.10.2001, as Plot No.173 was also situated in between the rest of the plots but it was not acquired, therefore, the recorded tenure holders, namely, Mohammed Farooq, Mohammed Haseeb, Mohammed Laek, Mohammed Zuned and Mohammed Shareef sold the plot in question and executed a sale deed in favour of the petitioner on 20.8.2005. Thereafter, Writ Petition No.62 (M/B) of 2015 was filed with the prayer for mandamus commanding the authority to acquire Khasra No. 173 situated at Village Malaesemau, Tehsil Pargana, District Lucknow and pay compensation in accordance with the provisions of Act, 2013 and the said petition was disposed of and the land in question was acquired with the award dated 15.12.2020 at the prevailing rate and there was no direction of the writ court for payment of interest. As there was no direction of the writ court for payment of interest, in such, circumstances, no contempt is made out.
8. Accordingly, the contempt application is misconceived and is hereby dismissed.
Order Date :- 27.1.2023
Gaurav/-
