Gajendranath vs Shri Akash Tripathi And Ors

The petitioner has filed the present contempt petition alleging non-compliance of order dated 20.07.2018, passed in W.P.No.7760/2018 and thereafter the SLP has been dismissed. According to the petitioner, the Writ Petition No.7760/2018 was disposed of in light of the order passed in W.P.No.6318/2015 and W.P.No.7075/2015. The aforesaid order has been complied with by the CEO, Indore Development Authority by passing the order dated 15.12.2018 and their land has been released from the Scheme No.175.

Shri V.K. Jain, learned senior counsel appearing on behalf of the petitioner submits that in the case of the petitioner respondent has passed the order dated 19.08.2019 by which only NOC has been issued for land bearing Survey No.10 (area 1.77 hectare), therefore, the respondent be also directed to pass the similar order as passed on 15.02.2018. The respondents with the mala-fide intention did not pass the order for releasing of the land of the petitioner from Scheme No.175 and in future the dispute may came if the petitioner approaches the authorities for development permission, therefore, the respondents be directed to pass a fresh order or they be punished for committing contempt of this Court.

Ms. Mini Ravindran, learned counsel for the respondent submits that this Court has made it clear that in case the land is not acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the land shall revert back to the land and the IDA shall issue an NOC, hence, respondent No.2 has rightly issued the NOC in favour of the petitioner. If the petitioner is aggrieved by the order, they are having remedy to challenge the same.

The petitioner filed the writ petition seeking relief that the Scheme No.175 be quashed so far as it relates to the land of the petitioner and permit the petitioner to develop their lands by way of alternate relief the petitioner also sought direction to the respondent No.2 to acquire their land and pay the compensation or issue NOC as has been done in other matters. Vide order dated 20.07.2018, writ petition was disposed of by giving 6 months' time to IDA for acquisition, otherwise the order passed in W.P.No.6318/2015 and W.P.No.7075/2015 shall apply mutatis-mutandis. In the aforesaid writ petitions, following order was passed:

"1. The offer made by the petitioner in the open Court should be treated as offer under Section 56 of the M.P.Nagar Tatha Gram Nivesh Adhiniyam, 1973.

In case, Indore Development Authority wants to acquire the land, it shall pay compensation keeping in view the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 within a period of 6 months from date of receipt of certified copy of this order.

It is made clear that, in case, the land is not acquired in spite of the willingness on the part of the petitioners within six months and no compensation is paid keeping in view the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, the land shall revert back to the land owners and IDA shall issue “no objection certificate†in regard to land in question within 30 days thereafter.â€Â

Admittedly, the respondents have not taken any step for acquisition of the land and payment of compensation, therefore, as per relief No.3 the land shall revert back to the land owner and the IDA shall issue an NOC.

In the present case , the IDA has issued an NOC to the petitioner, therefore, that NOC has to be read alongwith the aforesaid para 3 of the judgement passed by this Court. The intention of the respondents is very clear and he has passed the order in compliance of the direction given by this Court. The language of order dated 15.02.2018 and 19.08.2018 may be different but the intentions of the authority is same, hence, no case for contempt is made out.

Contempt petition is dismissed. Contemnors are discharged from the contempt proceedings.