Mohammad Shafi Makhdoomi & Anr vs Nayeem Khan & Ors
2021 Latest Caselaw 1665 j&K/2

                                                                     Serial No. 41
                                                               Supplementary-2 Cause List


       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT SRINAGAR



                             CCP (D) No. 29/2021


Mohammad Shafi Makhdoomi & Anr.
                                                             ... Petitioner(s)
                                Through: -
                         Mr Shakir Haqani, Advocate.
                                      V/s

Nayeem Khan & Ors.
                                                           ... Respondent(s)
                                 Through: -
                      Mr M. A. Chashoo, AAG along with
                        Respondents present in person.
CORAM:
               Hon'ble Mr Justice Ali Mohammad Magrey, Judge
               Hon'ble Mr Justice Mohd. Akram Chowdhary, Judge
                                  (ORDER)
                                  23.12.2021
               In terms of the previous Order viz. 16th of December, 2021, we

had directed the Superintending Engineer (R&B), Circle Srinagar/ Budgam;

Executive Engineer, R&B, Construction Division-II, Lal Mandi, Srinagar;

and Assistant Commissioner (R)/ Collector, Land Acquisition, Srinagar to

remain present in person, along with Compliance, on the next date of hearing,

i.e., today.

               Today, when this matter was taken up for consideration, Mr M.

A. Chashoo, the learned Additional Advocate General, who is present on

behalf of the Respondents; along with the aforesaid Officers, invited the
 attention of the Court to the Statement of Facts

filed on behalf of Respondent

Nos. 1 and 2, wherein, at Paragraph No.5, it is stated as under:

"5. That since the role/ mandate of the PW(R&B) Department is only to execute the work/ project being an executing agency, based on the requisition made by the intending/ user Department. However, the requisite indent along with site plan in original in respect of land measuring 2.026 Kanals situated at Buchwara, Dalgate was already placed to the concerned Collector by the Superintendent Engineer PW (R&B), Circle Srinagar- Budgam vide communication No. SE/LAC/13039-41 dated: 09-12-2011 (Annexure-R2) which stands still intact, if the acquisition of land in question is to be initiated afresh by the concerned Collector, in compliance to the Judgment dated: 29-03-2021 passed by the Hon'ble Court on the subject matter. A communication dated: 17-12-2021, in this regard stands also sent to the Collector Land Acquisition, Srinagar (Annexure-R3).

We have perused the Statement of Facts so filed by the

Respondent Nos. 1 and 2.

At this stage, Mr Owais Mushtaq, Sub-Divisional Magistrate

(East), Srinagar, who is also stated to be working as Collector (East) Srinagar

and is present in person before the Court, when asked in relation to the

implementation of the Judgment of this Court, submitted that the subject of

this Contempt Petition pertains to Mr Sandeep Singh Bali, Assistant

Commissioner, Nazool/ Collector, Land Acquisition PWD, Srinagar.

Unfortunately, the Government Counsel as well as the

Respondents have totally failed to identify the concerned Collector within

whose jurisdiction the subject matter of this case falls and have, instead,

unnecessarily brought the named above Officer before the Court.

Given the above position, we grant last and final opportunity to

Mr M. A. Chashoo, the learned Additional Advocate General, to first verify

the aforesaid statement made by the Officer with regard to subject matter of the Contempt Petition being assigned to said Mr Sandeep Singh Bali,

Assistant Commissioner, Nazool/ Collector, Land Acquisition, PWD,

Srinagar and, thereafter, ensure presence of the concerned Officer before the

Court on the next date of hearing, failing which the Court shall be constrained

to have recourse to coercive methods.

The Superintendent Engineer (R&B), Circle Srinagar/ Budgam/

Respondent No.1 as well as the Executive Engineer, R&B, Construction

Division-II, Lal Mandi, Srinagar/ Respondent No.2, present before the Court,

shall coordinate with all concerned officers/ officials so as to ensure that, by

the next date of hearing, the indent, if any required for implementation of the

Judgment of this Court and acquisition of the property in question, is placed

with the Collector within whose jurisdiction the subject matter of the case falls

without any default.

List on Wednesday, the 29th of December, 2021 in the 'Daily

Supplementary Cause List'.

The officers present before the Court shall also remain present

on the next date of hearing.

Registry to provide a copy of this Order to the learned Additional

Advocate General, latest by tomorrow.

                  (Mohd. Akram Chowdhary)                           (Ali Mohammad Magrey)
                              Judge                                         Judge
           SRINAGAR
           December 23rd, 2021
           "TAHIR"




TAHIR MANZOOR BHAT
2021.12.23 15:51
I attest to the accuracy and
integrity of this document