Nishat Ahmed vs Shaleen Kabra & Ors
2022 Latest Caselaw 789 j&K

                                                                    Sr. No. 32

         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                                               CCP(D) No. 20/2021

Nishat Ahmed                                       .....Appellant(s)/Petitioner(s)


                       Through: Mr. Zulker Nain Sheikh, Advocate

                Vs

Shaleen Kabra & Ors.                                         ..... Respondent(s)

                       Through: Mr. S.S. Nanda, Sr. AAG

Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
          HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                   ORDER

17.05.2022

This is a petition seeking initiation of contempt proceedings against

the respondents for their willful and intentional defiance of the order dated

26.07.2021 passed by this Court in WP(C) No. 1382/2021, whereby

following directions were passed: -

"This petition is disposed of with a direction that in case the respondents intend to acquire any part of the land owned and possessed by them, recourse to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be taken. It is also ordered that in case there is any violation of law in regard to the construction raised by the petitioners, then the petitioners be heard before taking any action in this regard."

In paragraph 4 of the present contempt petition, it is asserted that

respondents are unnecessarily interfering into the peaceful possession of the

petitioner over land, which was also the subject matter of the writ petition,

which came to be decided by virtue of judgment and order (supra). In that view

of the matter, the petitioner seeks action to be taken for disobedience of the

aforementioned order passed by this Court. Reference to the petition filed by

the petitioner would show that the allegations made in paragraph 4 and 5 are

absolutely general and vague in character. It is not stated as to how the

possession of the petitioner over the land in question, over which he has built

the house, was being interfered with. No particulars of the officers, who came

to interfere in the possession of the petitioner over the property is mentioned in

the petition. It is, however, admitted by the learned counsel for the petitioner

that the official respondents have never approached the property along with

their men and machinery to bulldoze the house, which is stated to be

constructed over the land in question. Considering the way the general

allegations have been made in the petition, we do not find any merit in the

present contempt petition and do not wish to continue with such a petition any

further, therefore, the contempt proceedings are closed. However, in case,

there is any substantive violation of the order passed by this Court at any point

of time or any damage is caused to the petitioner's property, he shall be is at

liberty to approach this Court.

                        (Rahul Bharti)              (Dhiraj Singh Thakur)
                            Judge                           Judge

Jammu
17.05.2022
Vishal