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Judgment
This batch of contempt cases has been filed by the petitioners stating that the order passed in W.P.(C)Nos.2009/2015 & 2010/2015 and also the order passed in W.P.(C)No.1750/2016 has not been complied with, therefore, appropriate direction may be issued.
Return has been filed mainly on behalf of respondents No.1 & 2 that on 29-12-2017, order has been passed in compliance of the order passed in W.P.(C)Nos.2009/2015 & 2010/2015 and necessary notification has been issued on 29-12-2017 itself and thereafter, the instant contempt cases for appropriate direction have been filed.
Learned counsel for the parties jointly submit that the matter may be adjourned for some other date. However, considering the submission of the contemnors that the order dated 13-9-2017 passed in W.P.(C) Nos.2009/2015 & 2010/2015 has been complied with, the matter is taken up for hearing.
This Court by order dated 13-9-2017 has passed following order in W.P.(C)Nos.2009/2015 & 2010/2015: -
"39. For the foregoing reasons, the impugned order passed by the Director, Town & Country Planning dated 17-7-2015 and 22-8-2015 and consequential review orders are hereby quashed. The writ petitions are allowed subject to the following directions: -
So far as Village Dunda is concerned, the petitioners' case with regard to change of land use will be considered in accordance with Section 23-A of the Adhiniyam, 1973, and the Rules, 1984, keeping in view the observations made herein- above and as per other applicable provisions within a period of two months from the date of production of a certified copy of this order and thereafter, application for layout permission will be considered accordingly.
So far as Villages Boriyakala and Sejbahar are concerned, entire exercise of considering the layout permission application will be completed afresh within a period of 45 days from the date of production of a certified copy of this order. The petitioners will file all necessary documents / title deeds to satisfy the competent authority."
Since in compliance of the order dated 13-9-2017, order dated 29.12.2017 has been passed and notification has been issued after considering the application for layout permission, the order passed in W.P.(C)Nos.2009/2015 & 2010/2015 stood complied with substantially.
In the order passed in W.P.(C)No.1750/2016 a statement has been recorded as under: -
"2. Mr. Vivek Chopda, learned counsel appearing for respondent No.7, would submit that all the allottees who have been alloted the land owned by respondent No.7-M/s. Sanjay Bajpai Builders Private Limited shall be allotted encumbrance free land owned by respondent No.7 on the basis of mutual consent."
This contempt case {Contempt Case (C) No.1088/2018} was filed on 20-9-2018, whereas, the order / notification has been passed by the Government complying the order passed in W.P.(C)Nos.2009/2015 & 2010/2015, on 29-12-2017. If the petitioners are aggrieved against the non-compliance of the order passed in W.P.(C)No.1750/2016 and other similar petitions, they are at liberty to move this Court again after waiting for reasonable time in view of the order passed by the State Government and the stand taken by respondent No.7, if the order is not complied with and the statement made before the Court in W.P.(C) No.1750/2016 and connected petitions is not honoured, as notification in compliance of the order passed in W.P.(C) Nos.2009/2015 & 2010/2015 has been issued on 29-12-2017 and lay out has been revised by the said order.
With the aforesaid observation and direction, all the contempt cases stand disposed and consequently, the application(s) for appropriate direction also stands disposed of with liberty so reserved in favour of the contempt petitioners.
All interlocutory applications also stand finally disposed of.