- (1.) This is an application 12 of the Contempt of Courts Act for alleged violation and disobedience of the order dated 30.11.2010 passed by this Court in Civil Misc. Writ Petition No. 17884 of 2003, Dinesh Pratap Singh and others Vs. State of U. P. and others.
(2.) Facts, giving rise to the dispute, are as under : Writ Petition no. 17884 of 2003 was filed by Dinesh Pratap Singh, predecessor-in-interest of applicant no. 1, and Dukh Haran Upadhyaya, predecessor-in-interest of applicants no. 2 to 4, claiming compensation for the land, said to have been acquired by Irrigation Canal Department in the year 1975 for construction of irrigation canal without resorting to the procedure under the Land Acquisition Act. On 17.02.2009, a Division Bench of this Court passed the following order : "Hon'ble P. C. Verma, J. Hon'ble S. K. Gupta, J. Learned Standing Counsel appearing for the State made a submission at bar on the instruction received from the Special Land Acquisition Officer, Varanasi that the request has ben sent by the Superintending Engineer Irrigation vide leter dated 2.4.2008 for sanction of the requisite funds for payment of compensation. The Principal Secretary (Irrigation) is directed to release compensation to the petitioners within a period of 15 days. If the payment is not made to the petitioners within 15 days, the Principal Secretary (Irrigation) shall appear in person before this Court on 16th March, 2009. This order is being passed in presence of the Special Land Acquisition Officer, Varanasi, who shall be responsible for compliance of the order. The compensation shall be paid at market value as prevalent today in view of the fact that no notification under Section 4 or 6 of Land Acquisition Act has been issued as yet but still the land of the petitioners was taken away by the State without acquiring it. List on 16th March, 2009. Copy of the order shall be paid available on payment of usual charges by tomorrow."
(3.) On 13.04.2009, Division Bench passed the following order : "Hon'ble P. C. Verma, J. Hon'ble D. R. Azad, J. Mr. Rajnikant Singh, Assistant Engineer, Moosa Khand, Dam Division, Varanasi is present before this Court today in compliance of our order dated 8.4.2009 and contended that he shall make the payment by 22.4.2009 at the rate prevalent today in the vicinity. List on 22.4.2009. It is directed that in case the payment is made by 22.4.2009 the petitioner shall execute the sale deed within a week from the date of receipt of the money and failing the payment of money the Assistant Engineer shall appear in person on the date fixed.";