Jammu & Kashmir High Court
Virinder Kumar vs Shahid Anayatullah on 21 October, 2023
Sr. No. 12
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CPOWP No. 328/2018
Virinder Kumar .....Appellant(s)/Petitioner(s)
Through: Mr. Virender Bhat, Advocate
Vs
Shahid Anayatullah, Revenue Secy. and others ..... Respondent(s)
Through: Ms. Monika Kohli, Advocate for R-1 to 4.
None for R-5
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
21.10.2023
01. The petitioner in the instant contempt petition has alleged
non-compliance of judgment dated 16.11.2017 by the respondents,
whereunder the writ petition of the petitioner being OWP No.
1644/2013 came to be disposed as follows:-
"I have heard the learned counsel for the parties and have perused
the record. There is no material to prima facie indicate that before the
demarcation was done the petitioner was given any notice or was
allowed to participate in the process of demarcation or demarcation
report has been prepared in his presence. Since demarcation has
been done at the back of the petitioner, the same is not binding on
the petitioner and it has no sanctity in the eye of law. Therefore, it is
directed that the competent authority shall issue a notice to the
petitioner before carrying out the demarcation and the demarcation
shall be carried out in the presence of the petitioner after affording
him an opportunity of raising objections. After the demarcation is
done in the presence of the petitioner, the compensation to the extent
of land utilized for the purpose of construction of Sub District
Hospital, Akhnoor, shall be ascertained by the respondents and the
Collector, Land Acquisition concerned shall take steps for
compensation in respect of the land utilized by the respondents for
construction of the aforesaid Hospital and shall submit the matter to
the Commissioner/Secretary to Government, Health Department,
which in turn shall process the same for making compensation along
with interest, in accordance with law. Let the aforesaid exercise be
completed within four months from the date of receipt of the certified
copy of the order passed today."
02. Two sets of statement of facts stand filed by the
contemnors/respondents 1 to 4 as also a supplementary affidavit by
the contemnors/respondents 1 to 4.
03. According to the learned counsel for the contemnors/
respondents 1 to 4 that the compliance of the judgement, insofar as,
it related to them has been carried out, in that, demarcation of the
land stands undertaken and the land of the petitioner utilized for
the purposes of construction of Sub District Hospital, Akhnoor also
stand ascertained, inasmuch as, the Collector Land Acquisition
concerned also assessed the compensation along with interest and
that after completing the aforesaid exercise the Director, Health &
Family Welfare, Jammu called upon for placing a proper indent for
acquisition of the land of the petitioner in terms of communication
dated 12.07.2019 followed by communication dated 04.11.2022,
however, no response thereto has been submitted by the
contemnor/respondent 5 till date, in that, the copy of the said
letters had been addressed to him as well.
04. Having regard to the facts and circumstances of the case,
inasmuch as, the specific stand taken by the contemnors/
respondents 1 to 4 as also in view of the fact that none appears for
the contemnor/respondent 5, the Court is left with no option but to
seek personal appearance of respondent 5 i.e. Commissioner/
Secretary to Govt., Health & Medical Education Department on the
next date of hearing along with record of the case. Ordered
accordingly.
05. Registry to communicate this order for its compliance to
Commissioner/Secretary to Govt., Health & Medical Education
Department. A copy of this order shall also be provided to Ms.
Monika Kohli, Advocate appearing for the contemnors/respondents
1 to 4 under the seal and signatures of the Bench Secretary of this
Court for ensuring its compliance.
List on 15.11.2023.
(JAVED IQBAL WANI)
JUDGE
JAMMU
21.10.2023
Muneesh
