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HC directs former JDA official to appear in person
3/3/2011 9:17:34 PM
EARLY TIMES REPORT
Jammu, March-03 (JNF):- Division Bench of JK High Court comprising Justice FM Ibrahim Kalifulla and Justice Mohd Yaqoob Mir in a contempt petition filed in the year 2000 against the JDA Officials today directed the contemnor, Satish Nehru then Director Land Management Jammu Development Authority to be present in the court on March 7, 2011. The direction came after 11 years..
In the contempt petition Advocate KS Johal with Advocate Monika Kohli appeared for the petitioner and submitted that then Director Land Management JDA was aware of the order and said order was passed in the presence of counsel for the respondents (on September 14, 2000 in which Court “Admitted for October 11, 2000. Advocate Sharma and Advocate Sheikh appears, stay demolition till further orders”). Subsequent demolition made on September 18, 2000 was clear violation and disobedience of the order of High Court and therefore, call for stringent action.
The petitioner filed an affidavit in the High Court on November 10, 2009 wherein the petitioner has averred that on September 29, 2000 at 3:30 PM, he was called by contemnor to settle the issue and when he went to the office of JDA, one Satish Nehru forced him to give in writing about denial of the allegations in the contempt petition and in case this was not written, the rest of construction in the land shall be demolished. It is further averred that the petitioner was told to write that Satish Nehru was not present on spot. The said statement has not been refuted by the counsel for the contemnor, however, he contends that the petitioner himself wanted removal of certain encroachment and that he admitted the absence of contemnor were also disclosed in the year 2000 itself and the present affidavit came to be filed by the petitioner in the year 2009.
Division Bench observed that in as much as found the respondent-contemnor guilty of willful disobedience of the orders of High Court based on the fact that he was very much aware of the order passed on September 14, 2000 and had full knowledge of the contents of the order through his counsel and directed the contemnor Satish Nehru to be present in the court on March 7, 2011 for passing the order of punishment. JNF
JNF/MARCH/03/2011/1

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