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| HC issues notice, as Govt sleeps over order for 10 years | | | EARLY TIMES REPORT
JAMMU, Sept 20:Justice JP Singh of J&K High Court Jammu Wing has issued show cause notice to Deputy Commissioner, Collector, Samba to show cause as to why contempt of court proceedings be not initiated against him for willful disobedience of the directions issued by the High Court in a contempt petition.
This court direction was passed in a contempt petition filed by one Shah Mohammed in which the petitioner submitted that the High Court while disposing off the petition on August 28, 1998, had directed the state respondents to take steps either to acquire petitioner's land under the State Land Acquisition Act or to provide him alternate land in lieu of compensation, provided it was acceptable to him. Respondents had to comply with the direction within four months. Deputy Commissioner Jammu had been specifically directed to take effective steps in whatsoever manner he deemed necessary either by acquiring some land or by providing alternate land to the petitioner. State respondents; however, appear to have maintained silence and the direction of this court remained unimplemented, compelling the petitioner to approach the court by filling contempt petition in 1999.
While disposing off the contempt petition, the High Court had directed the petitioner to serve a certified copy of the judgment to seek compliance and the officers concerned had been required to comply with the directions of the Court in letter and spirit within three months. This had happened on December 8, 2000. Nothing appears to have been happened for more than seven years despite petitioner's informing the respondents about the orders passed by the High Court. Compelled by the circumstances, the petitioner approached High Court yet again seeking initiation of contempt proceedings against the respondents. During the pendency of contempt petition, a new district Samba came into being. In terms of the direction of the High Court it is Deputy Commissioner, collector, Samba, who is now required to implement the judgment of the Court delivered on August 28, 1998.
Justice Singh, after hearing Adv DK Khajuria appearing for the petitioner and AAG AH Qazi appearing for the State, observed that huge delay in implementing the judgment of this court is sufficient enough to initiate proceedings in contempt against the functionaries of the state Government stopping short of that for present the Court intend to issue show-cause notice to Deputy Commissioner, Collector Samba, who is impleaded as party respondent to this petition, to show cause as to why contempt of court proceedings be not initiated against him for willful disobedience of the directions issued by the High Court on August 28, 1998 and in contempt petition. JNF |
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