A contempt application was disposed of as the respondent filed an affidavit of compliance without impediments, directing the applicant to approach the Special Land Acquisition Officer.
Direction to the applicant to file an application before the Special Land Acquisition Officer, Allahabad.
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Court No. - 71
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1368 of 2018
Applicant :- Mohammad Yakub Opposite Party :- Suhas L.Y., Collector/ District Magistrate And Another Counsel for Applicant :- Daya Shanker Yadav,Vinay Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri K.R. Singh, learned Additional Chief Standing Counsel for the State respondents.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 20.12.2016 passed in First Appeal no.613 of 2002 (A.D.A. Allahabad Through its Vice Chairman). For ready reference, the relevant extract of order dated 20.12.2016 is quoted as under:-
"In First Appeal No. 552 of 2015, the reference court awarded compensation @ Rs. 20/per square meter, whereas, in other references the reference court granted compensation @ Rs. 40/- per square meter. I do not find any justification to award lesser compensation to the claimant/ appellant. Consequently, First Appeal No. 552 of 2015 is allowed. The claimant-appellant shall be entitled for compensation @ Rs. 40/- per square meter as has been awarded to other similar tenure holders whose lands were acquired under the same notification. The appellant shall also be entitled to all the benefits and interest under the Act in addition to compensation for land @ Rs. 40/- per square meter.
In view of the aforesaid, all the aforesaid first appeals filed by Allahabad Development Authority, Allahabad are dismissed and First Appeal No. 552 of 2015 filed by claimant/ appellant is allowed to the extent afore mentioned."
In response to the notice, the affidavit of compliance has been filed by the opposite party no.2 on 17.05.2018 appending therein the photocopy of the letter alongwith calculation chart containing the registry receipt dated 11.05.2018.
Learned counsel for the application makes a statement at bar that the said calculated amount has been deposited by the Prayagraj Development Authority, Prayagraj before the Special Land Acquisition Officer, Allahabad and as such, the said amount is liable to be released in favour of the applicant.
In the facts and circumstances of the case, once an affidavit has come on record and in case there is no other impediment, the applicant can moves an appropriate application before the incumbent, who is holding the post of Special Land Acquisition Officer, Allahabad. In case any such application is being moved, definitely in response to the affidavit filed earlier, the Authority would proceed to take a final call in the matter.
With these observations, the Contempt Application is disposed
of .
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.12.2020 A. Pandey
Mohammad Yakub
Suhas L.Y.
Mahesh Chandra Tripathi
As recorded by the court registry
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