Cm (6082/2020) vs Shabir Ahmad
2021 Latest Caselaw 860 j&K/2

                                                          After Notice Causelist
                                                                S. No. 206


  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT SRINAGAR
                                                        CPOWP 307/2018
                                           CM (6082/2020), CM (6083/2020)
Ghulam Mohammad Rah and others

                                                   ... Petitioner/Appellant(s)
                   Through: Mr. J. H. Reshi, Advocate

                          V/s
Shabir Ahmad
                                                            ... Respondent(s)

                   Through: Mr. B. A. Dar, Sr. AAG for R1
                            Mr. M. A. Chashoo, AAG for R2

CORAM: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                   ORDER

04-8-2021

Collector Mr. Yasir, and CEO Pahalgam Development Authority, Mr. Massarat, present in person.

The judgment passed on 4.10.2017 by this court in writ petition filed by the petitioners required the Collector to release the compensation awarded in favour of the petitioners in terms of award dated 15.5.1982 as also the statutory interest the petitioners would be entitled to, as provided under section 35 of the J&K Land Acquisition Act.

The judgment, in the contempt petition, is stated to have not been complied with by the respondent Collector deliberately and intentionally. Mr. J. H. Reshi appearing counsel for the petitioners states that the judgment has remained unimplemented without any lawful justification. It is being contended that non-compliance of the judgment has caused immense monetary loss and injury to the petitioners.

Mr. B. A. Dar, learned Sr. AAG appearing counsel for the Collector, however, contends that the Collector was short of funds as such the judgment could not be complied with in its letter and spirit. According to Mr. Dar the Collector has already undertaken a process for getting the funds CPOWP 307/2018 Page |2

in order to comply with the judgment and in this regard he has taken up the matter with the CEO, Pahalgam Development Authority.

Mr. Dar and Mr. Chashoo appearing counsel for the contemnors make a joint submission and request to the court that they be given last and final opportunity to enable the contemnor Collector to comply with the judgment as the Collector is expecting the release of funds within a couple of weeks.

Having regard to the candid submission made by the learned counsel appearing for the contemnors/respondents, this court is of the view that before undertaking any coercive measures against the contemnors, a last and final opportunity be granted to them to comply with the judgment in its entirety and letter and spirit.

Accordingly, four weeks' last and final opportunity is granted to the contemnors to comply with the judgment failing which appropriate orders shall follow.

List on 21.9.2021.

Meanwhile, presence of the contemnors for the time being is dispensed with.

(JAVED IQBAL WANI) JUDGE Srinagar 04-08-2021 N Ahmad

NISSAR A BHAT 2021.08.06 18:11 I attest to the accuracy and integrity of this document