Allahabad High Court
Satyapal Singh And 9 Others vs Shri Sultan Asharf ... on 28 October, 2023
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:205793
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7845 of 2023
Applicant :- Satyapal Singh And 9 Others
Opposite Party :- Shri Sultan Asharf Siddiqui,A.D.M. And 2 Others
Counsel for Applicant :- Nanda Kumar Shukla
Hon'ble Rohit Ranjan Agarwal,J.
The writ Court on 21.02.2023 had disposed of Writ-C No. 21616 of 2022. The operative portion of the judgment reads as under:-
"For the above, without entering into the merits of the claim of the petitioner, it is directed that the competent authority under the National Highways Act, 1956 shall prepare a proposal for the rehabilitation and resettlement award for affected families, within the meaning of Section 3(c) of the Act, 2013, in terms of the entitlements provided in the Second Schedule, with the assistance of the officers of the NHAI and submit the same before the Collector for making award in accordance with the provisions of Section 31 of the RECTLARR Act, 2013.
For preparation of the said proposal, the competent authority shall make necessary enquiry as per the provisions of the Sections 34, 35 and 36 of the RECTLARR Act, 2013 as contained in Chapter V of the Act, 2013, i.e before preparation of the rehabilitation and resettlement award, in relation to the acquisition in question.
It goes without saying that the representatives of the National Highways Authority and the affected tenure holders are entitled to participate in the proceedings for preparation of the award. The claim of the petitioners herein for the entitlements under the Second Schedule at serial no. (1) for provision of housing unit in case of displacement; serial no. (4) choice of annuity and employment and serial no. (10), one time resettlement allowance, shall be specifically considered by the competent authority in making such an award.
The entire exercise shall be completed, as expeditious as possible, preferably, within a period of six months from the date of receipt of copy of this order.
We may make it clear that, at this stage, no direction has been given for providing benefits of Third Schedule as no such demand has been raised by the petitioners herein.
In any case, while making such an award, independent consideration shall be given to the elements of rehabilitation and resettlement entitlements for the affected families provided in the Second Schedule, without being influenced by any of the observations made hereinabove.
With the above observations and directions, the writ petitions in this bunch are disposed of."
Today, during course of argument, counsel appearing for the applicants fairly submitted that pursuant to order of writ Court, award has been made by competent authority on 16.10.2023.
As the award has been made, no interference under the contempt jurisdiction is made out.
The contempt application is misconceived and stands dismissed.
However, leaving it open to the applicants to approach the forum so provided for challenging the award made by competent authority.
Order Date :- 28.10.2023
V.S.Singh
