Surya Prakash Kesarwani, J. - (1.) Heard Sri Ajay Kumar Singh, learned counsel for the applicants and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Vineet Sankalp, learned counsel for the opposite parties. Facts:
(2.) This contempt application under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act, 1971') has been filed by the applicants alleging that the opposite parties have wilfully disobeyed the interim order dated 27.07.2012 passed by the Division Bench in PIL No.31229 of 2005 (Kautilya Society and another vs. State of U.P. and others). The relevant portion of the aforesaid interim order dated 27.07.2012 is reproduced below:- "As directed above, the Varanasi Development Authority shall ensure that no further constructions within 200 meters from the highest flood level at banks of river Ganga at Varanasi is made and filed a compliance report by the next date fixed." Submissions:-
(3.) Learned counsel for the applicants submits as under:- (i) By the aforesaid interim order dated 27.07.2012, the Division Bench has clearly restrained from raising any construction within 200 meters from the highest flood level at the banks of river Ganga at Varanasi. (ii) In another PIL No.59698 of 2013 (M/s Prathik Samajik Sewa Samiti and another vs. State of U.P. through Secretary and 6 others), a Division Bench passed an interim order dated 08.11.2013 directing that the respondents shall ensure that no pakka constructions are raised within 200 meters of the bank of river Ganga at Varanasi till the next date of listing. (iii) Despite the aforesaid interim order 27.07.2012 in Kautilya Society's case (supra), the Chief Executive Officer of "Shri Kashi Vishwanath Special Area Development Board" issued a tender notice inviting tenders for certain constructions/ development work in Shri Kashi Vishwanath Temple and surrounding areas, which fall within 200 meters from the highest flood level of river Ganga at Varanasi. The Chief Executive Officer of "Shri Kashi Vishwanath Special Area Development Board", is the opposite party No.1. Thus, the opposite party No.1 has wilfully disobeyed the interim order dated 27.07.2012 passed by the writ court in Kautilya Society's case (supra). (iv) In another Writ-C No.14997 of 2018 (Redis Market Vyavasaik Samiti and another vs. Union of India and 2 others), the writ court passed an order dated 30.04.2018 disposing of the writ petition with a direction to decide petitioner's representation in accordance with law on the point whether the plot falls within 200 meters of the holy Ganga river. In the counter affidavit in Writ Petition No.41249 of 2017 (M/s Knots India Carpets Private Ltd. Vs. State of U.P. and others), the Varanasi Development Authority, Varanasi has itself referred to the interim order dated 27.07.2012 passed by the writ court in Kautilya Society's case (supra), regarding restriction on construction within 200 meters of the bank of river Ganga. The Varanasi Development Authority has itself sought permission for construction of some new ghats which fact is evident from the interim order dated 29.07.2013 passed by the writ court in Kautilya Society's case (supra). Thus, the opposite party No.1 who is also Secretary of Varanasi Development Authority, Varanasi, has knowingly disobeyed the interim order dated 27.07.2012 passed in Kautilya Society's case (supra). (v) The entire development work by "Shri Kashi Vishwanath Special Area Development Board" is being carried within 200 meters of river Ganga. The restriction with regard to the construction has not been lifted by the writ court. Therefore, the opposite party No.1 has wilfully disobeyed the interim order of the writ court passed in the aforesaid PIL in the Kautilya Society's case (supra). (vi) The opposite party has not complied with one of the condition of the permission granted by the N.M.C.G. and thus has rendered liable for punishment under Section 12 of the Act, 1971. Submission on behalf of Opposite Party No.1:-;