Gujarat High Court
Vishnubhai Virambhai Desai vs Kamal Dayani Ias on 23 August, 2022
Bench: Ashutosh J. Shastri
C/MCA/393/2022 ORDER DATED: 23/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 393 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 17897 of 2015
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VISHNUBHAI VIRAMBHAI DESAI
Versus
KAMAL DAYANI IAS
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Appearance:
MS.NIDHI P BAROT(6675) for the Applicant(s) No. 1
for the Opponent(s) No. 1,2,3,5
MS RV ACHARYA(1124) for the Opponent(s) No. 4
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 23/08/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. Heard learned counsel appearing for respondent No.
4. Learned counsel appearing for complainant is absent.
2. This contempt proceedings have been initiated
seeking following prayer : -
"9.A. This Hon'ble Court be pleased to initiate
proceedings under the Contempt of Courts Act, against
the respondents for disregarding and exhibiting
negligent conduct as regards the order passed by this
Hon'ble Court on dated 09.12.2020 in Misc. Civil
Application No. 738 of 2020 and for non-compliance of
C/MCA/393/2022 ORDER DATED: 23/08/2022
earlier orders dated 27.06.2017 and 11.09.2018 passed
in Special Civil Application No. 17897 of 2015 and Misc.
Civil Application No. 3348 of 2017 respectively;"
3. As could be seen from the prayer, the complainant is
seeking for initiating of contempt proceedings against the
respondents on the ground that order dated 09.12.2020
passed in Misc. Civil Application No. 738 of 2020 and the
earlier orders dated 27.06.2017 and 11.09.2018 passed in
Special Civil Application No. 17897 of 2015 and Misc. Civil
Application No. 3348 of 2017 respectively, have not been
complied.
4. Perusal of the orders passed in aforesaid matters
would indicate that in Special Civil Application No. 17897 of
2015, this Court had held that petitioners are entitled for
compensation of the acquired lands as per the provisions of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, and
consequently, the respondent authority was directed to
determine the compensation of the acquired lands as per
2013 Act as on 01.01.2014, the date on which the Act came
C/MCA/393/2022 ORDER DATED: 23/08/2022
into force and directed the exercise to be completed within
three months.
5. For non-compliance of the said order - direction,
Misc. Civil Application No. 3348 of 2017 came to be filed,
whereunder it was noticed that during pendency of said
application, award had been passed. A contention was raised
that amount determined is very low and would not represent
market value. Hence, this Court reserved liberty to the
applicants to take steps to seek reference in accordance with
2013 Act and directed the respondents to pay compensation
and rent as determined in the award dated 31.07.2018 within
a period of six weeks from the date of the order and contempt
proceedings came to be dropped.
6. On account of non-compliance of said order, yet
another contempt application was filed in Misc. Civil
Application No. 738 of 2020. Hence, this Court made an
observation on 09.12.2020 while disposing of contempt
proceedings to the following effect : -
C/MCA/393/2022 ORDER DATED: 23/08/2022
"Considering the fact that part of the CAV judgment
dated 27.6.2017 has been implemented though
lately, at this stage, interest of justice would be
served if the authorities are directed to comply with
the directions issued by the Coordinate Bench in its
CAV judgment dated 27.6.2017 in Special Civil
Application no.17897 of 2015 as well as in Misc.
Civil Application no.3348 of 2017 dated 11.9.2018
for the last time and accordingly, the opponents are
directed to comply with the directions issued by
this Court and comply with the same as
expeditiously as possible, but not later than
31.03.2021. Liberty to revive in case if there is
noncompliance."
7. Hence, the application is filed. On being notified,
respondents have appeared and filed their affidavit-in-reply
stating thereunder that grant has been released by the State
Government on 28.06.2022 and the answering respondent
has made payment to the applicant on 20.07.2022. In the
same breath, respondent contends that it is in the process of
making payment to the applicant. There are contradictory
statements made in the affidavit. However, the photocopy of
the receipt for payment made to applicant is annexed, which
is in vernacular language. Time and again, this Court has
directed the respondents to file the translated copies as and
when they are filed in the Court. Yet, repeatedly same is not
being filed. Hence, we direct respondent No. 4 to pay cost of
C/MCA/393/2022 ORDER DATED: 23/08/2022
Rs. 2,500/- to the Advocates' Welfare Fund, failing which the
concerned authority would be liberty to recover the said
amount as arrears of land revenue from the office of
Executing Engineer, District Panchayat, Ahmedabad.
8. In light of statement made in the affidavit that the
amount has been paid and there being no resistance to this
and copy of the affidavit though has been served to learned
counsel appearing for complainant, he has remained absent.
Hence, we drop this contempt proceedings.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
AMAR SINGH
