Bhaw Hari Har Lal @APPELLANT@Hash Collector/ District Magistrate, Dehradun & Others

Lok Pal Singh, J

Petitioner’s father late Darshan Lal was the owner of the land, his land was illegally taken by the Avas Evam Vikas Parishad, Uttar Pradesh on

28.01.1981, without there being any acquisition proceeding and thereafter the Avas Evam Vikas Parishad raised construction of multi-story flats and

sold the flats to different persons. Late Darshan Lal ran from pillar to post for redressal of his grievance that his land has been taken away by the

State agency i.e. Avas Evam Vikas Parishad, Uttar Pradesh without due process of law and the compensation has not been paid to him. A poor

farmer was running from pillar to post and ultimately said go bye to this world. He could not get the justice in his life-time. After the death of late

Darshan Lal, the petitioner being his son again knocked the door of respondents for redressal of his grievance but no heed was paid by anyone as all

the respondents were happy that they have succeeded to take away the land of petitioner’s father without there being any compensation. As a

last resort, the petitioner filed the instant writ petition before this Court on 18.06.2015. This Court entertained the petition and issued notices to the

respondents. Respondent nos. 3 and 4 filed their counter affidavit on 02.06.2016 after taking a long time for filing counter affidavit and stated that the

notification was issued on 15.07.1972 for acquisition of the land and acquisition proceedings were initiated on 10.09.1979 but the land of the

petitioner’s father was excluded from the acquisition. It is further contended that the respondent nos.3 & 4 are trying to decide the dispute by

negotiation as they have constructed the flats over the petitioner’s land, therefore, negotiation between them is going on. Respondent nos. 3 and 4

assured this Court that they will decide the matter by negotiation. This Court on 20.08.2016 adjourned the case on the ground that respondent no.3 is

going to decide the matter shortly. Thereafter, the case was listed several times but as the promise was made before this Court that they will settle the

matter, the Court simply adjourned the case on the dates fixed. Meanwhile, petitioner also died on 04.10.2016 and subsequently his legal heirs were

substituted but the respondents did not arrive to any settlement.

Considering the fact that the respondent no.3 and 4 and other respondents are not interested in private negotiation to settle the dispute with the

petitioner, this Court vide order dated 29.03.2017 directed the Commissioner, Avas Evam Vikas Parishad, U.P. to remain present before this Court.

However, the Commissioner, Avas Evam Vikas Parishad, U.P. did not appear before the Court and an exemption application was moved on his

behalf stating that recently a new Commissioner has joined, therefore, he could not appear. The time was granted and the case was adjourned for

1.05.2017. On 01.05.2017 Commissioner, Avas Evam Vikas Parishad, U.P. appeared before the Court and the case was adjourned and directed to be

listed on 16.05.2017.

Thereafter, Commissioner, Avas Evam Vikas Parishad, U.P. remained present on 16.05.2017 before this Court. He made a statement that Housing

Board is not in a position to take policy decision in the matter as it involves financial aspect; it was suggested by him that the Board is requesting to the

SLAO Dehradun to initiate the proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (Act No.30 of 2013) (hereinafter referred as Act), to pass an award in regard to the land in dispute and compensation would

be paid as per the provisions of the Act. He also referred to the order of Division Bench of this Court, which had already directed to initiate the

process of acquisition under Section 28 and 32 of Avas Evam Vikas Parishad, U.P. On the assurance given by the Commissioner, Avas Evam Vikas

Parishad, U.P., the personal appearance of Commissioner was exempted and the case was fixed for 07.06.2017. Thereafter, the matter was listed

before the Court twice but it was adjourned at the request of respondents.

On 15.11.2017, when the matter was listed before this Court, learned counsel appearing for respondent no.3 and 4 informed this Court that the

scheme has been sent to the Government and same is pending consideration before him. However, this Court observed that respondent no.6 is not

taking interest in sanctioning the file; as such this Court directed respondent nos.3 and 6 to proceed with the matter swiftly and to submit the report

before 15.12.2017 and to apprise the Court whether the notification under the Act has been issued or not; and in non-compliance of the above

directions, the Commissioner, Avas Evam Vikas Parishad, U.P. and Secretary, Housing and Development, Government of U.P. were directed to

remain present before this Court on 18.12.2017. Thereafter, Special Appeal was preferred before the Division Bench of this Court wherein

respondent no. 3 & 6 were permitted to make a request before the learned Single Judge, whereafter an exemption application was filed on 18.12.2017

stating that the officers could not appear before the Court. Application was allowed and the case was adjourned.

On 17.02.2018 a misc. application IA No. 1378 of 2018 was filed stating therein that the matter has been sent to the District Magistrate/ SLAO,

Dehradun to pass an Award under Section 19 of Act, who shall ask the Avas Evam Vikas Parishad, U.P. to deposit the tentative amount and

thereafter Avas Evam Vikas Parishad shall pay the compensation to the petitioner / land owners. Thereafter, the writ petition was listed before this

Court on 02.05.2018.

However, SLAO, Dehradun was requested by Avas Evam Vikas Parishad, U.P. and directions were also issued by this Court to the SLAO,

Dehradun to pass an award in accordance with law, but, nothing was done by the SLAO of Dehradun, then this Court on 02.05.2018 observed that

the Collector/ SLAO, Dehradun has not complied with the order dated 17.02.2018; the land of father of the petitioner was illegally occupied in 1981 by

the Avas Evam Vikas Parishad, U.P. who developed a multi-story building over it and sold the same to several persons and earned a lot of money.

The SLAO, Dehradun has not passed the award in the matter despite the directions issued by this Court. The Court further observed that the SLAO

is deliberately not passing award in the matter and on 02.05.2018 a last opportunity was given to the SLAO to complete the proceedings of passing an

award within four weeks. It was also directed that in non-compliance of the order, the Collector/ SLAO Dehradun shall remain present before this

Court on 12.06.2018 and shall show cause why the SLAO may not be held guilty and be not punished for deliberate and willful disobedience of this

Court’s order dated 17.02.2018. Thereafter, the matter was listed on 25.06.2018, on which date, miscellaneous applications were allowed and

affidavits were taken on record.

On 25.07.2018, when the matter was listed again, none was present for the State. It was directed by the Court to the SLAO, Dehradun to remain

present on 08.08.2018.

Today, Smt. Kushm Chauhan, SLAO, Dehradun, is present in person before this Court and has filed an affidavit.

It is contended in the affidavit that pursuant to order dated 17.02.2018 passed by this Court, keeping in view the provisions of Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for passing an award of Rs.24,11,96,359/-with

interest @ 12% per annum upto 30.06.2018, she has written letter no.395 dated 04.06.2018 to Avas Evam Vikas Parishad, Uttar Pradesh but the

Avas Evam Vikas Parishad, Uttar Pradesh only deposited an amount of Rs.6,74,21,431/- vide cheque no. 005898 dated 08.06.2018. It is contended

that Avas Evam Vikas Parishad, Uttar Pradesh has not deposited the entire demanded amount of compensation so calculated by SLAO. Therefore,

the award could not be passed by the Collector/ SLAO, Dehradun. It is stated by the SLAO that unless the entire amount is deposited by the Avas

Evam Vikas Parishad, Uttar Pradesh in view of the Government Order dated 14.05.1990, which is annexed as Annexure-5 to the affidavit, the award

cannot be passed.

On perusal of the G.O. (Annexure-5), it would reveal that the said G.O. pertains to the assessment of compensation and deposit of amount in

regard to the land acquisition under the provisions of Land Acquisition Act, 1894. Admittedly, the land has not been acquired under the provisions of

Land Acquisition Act, 1894. The directions were issued to the SLAO to initiate the proceedings under the Act i.e. the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013), thus, this G.O. dated 14.05.1990 is not applicable

to the facts and circumstances of the present case as the Land Acquisition Act, 1894 has already been repealed.

It is further stated in the affidavit that the SLAO has sent reminders on dated 5.07.2018, 20.07.2018 and 26.07.2018 to the Avas Evam Vikas

Parishad, Uttar Pradesh regarding deposition of entire amount pursuant to the order dated 17.02.2018 passed by this Court, but as the Avas Evam

Vikas Parishad, Uttar Pradesh is not depositing the amount as demanded, the award could not be passed and the amount of Rs.6,74,21,431/- as

deposited by the Avas Evam Vikas Parishad, Uttar Pradesh could not be released in favour of the petitioner.

It is further stated that the State has also preferred a Special Appeal (SPA No.536 of 2018) before the Division Bench, which is pending, but it is

nowhere mentioned as to who has filed the Special Appeal. Smt. Kushm Chauhan has made a statement before this Court that after obtaining

permission from the concerned Department, they have preferred the Special Appeal. Neither the appeal is admitted nor any interim order been passed

in the appeal. It appears to this Court that instead of making compliance of the Court’s order dated 17.02.2018, the SLAO Dehradun, for some

oblique motive best know to her, is not passing the award, and without being aggrieved with the order of this Court, has preferred the special appeal.

From the perusal of the affidavit filed by the SLAO, Dehradun, it would reveal that Smt. Kushm Chauhan, SLAO, Dehradun has made deliberate

and willful disobedience of this Court’s order dated 17.02.2018, inasmuch as, firstly, the directions issued by this Court has not been complied with

by the SLAO; and secondly, she obtained permission from the Law Department to prefer an appeal against the order passed by this Court, which

clearly indicates the intention behind non-payment to the petitioner/ aggrieved person at the hands of SLAO, Dehradun. In the opinion of the Court,

there is dereliction of duty by Smt. Kushm Chauhan and same appears to be for oblique motive. This Court can easily visualize the things that as the

huge amount is to be paid to the petitioner, the SLAO, Dehradun is not passing the award. Since, neither the special appeal has been admitted nor any

interim order has been passed by the Division Bench nor the the compliance of this Court’s order dated 17.02.2018 has been made by the SLAO,

this Court has no hesitation to record that Smt. Kushm Chauhan is guilty of committing deliberate and willful contempt of this Court’s order.

Smt. Kushm Chauhan has deliberately tried to mislead this Court by filing a false affidavit by placing reliance on the G.O. dated 14.05.1990 which

has been made part of the affidavit, however, after repealing the Land Acquisition Act, 1894, the G.O. dated 14.05.1990 has become redundant but

the SLAO, Smt. Kushm Chauhan is deliberately trying to mislead this Court by filing false affidavit so that she may be saved from the clutches of the

law and proceeding of contempt may not be initiated against her.

The Court smells ulterior motive in non-passing the award and releasing the fund so deposited by the Avas Evam Vikas Parishad, Uttar Pradesh

so that the petitioner may be compelled to contact her.

The matter requires a due investigation of the cases conducted by Smt. Kushm Chauhan as SLAO, Dehradun. Counsel for the C.B.I. Mr.

Sandeep Tandon is present before this Court. The C.B.I. is directed to lodge a case in this regard and to conduct a thorough investigation of the cases

decided by Smt. Kushm Chauhan as SLAO, Dehradun.

The Principal Secretary, Government of Uttarakhand shall ensure that on demand of the record of the cases decided by Smt. Kushm Chauhan as

SLAO, Dehradun and the cases pending for adjudication before her, shall be given to the C.B.I.

The Principal Secretary, Government of Uttarakhand is directed to take action against Smt. Kushm Chauhan, considering her conduct, and a

discreet inquiry be made through an appropriate officer not below the rank of Commissioner.

Since, Smt. Kushm Chauhan has been held guilty for deliberate and willful contempt of this Court’s order dated 17.02.2018, therefore, she

shall show cause as to why she may not be punished under Section 12 of the Contempt of Court Act, 1971 read with Article 215 of the Constitution of

India.

As prayed, four weeks’ time is granted to respondent SLAO to file an affidavit.

List this case on 10.09.2018.

The respondent SLAO shall remain present on the next date of listing.