- (1.) The instant writ petition under Article 226 of the Constitution of India has been preferred feeling aggrieved with non-compliance of the order of injunction, granted by the trial court.
(2.) It has been brought to the notice of this Court that injunction was granted by the trial court but the same was not complied with, hence, petitioner preferred Writ Petition No. 5821 (MB) of 2010 which was decided on 17.6.2010 providing therein that option is open to the petitioner to move appropriate application under section 151 C.P.C. and the trial court, as laid down by this Court in a case Mohd. Hamja vs. Additional Civil Judge (S.D.) Lko. and others, 2010 28 LCD 637, will adjudicate the controversy. This Court (one of us (Hon'ble D. P. Singh, J. ) held that under section 151 C.P.C. trial court has ample power to issue appropriate order or direction to the district authority to ensure compliance of the judgment & order or injunction granted by it. The relevant portion of the judgment rendered in Mohd. Hamja's case reads as under: 9. In view of the above, the court has got ample power to enforce its order. Local authorities or officers concerned may be directed to ensure the compliance of injunction granted by the Court. The court has got ample power to direct the police to ensure that no construction should be raised and parties may not remove any structure standing over the disputed land in terms of injunction granted by the Court. It should be paramount consideration of court to ensure that rule of law should be maintained and orders of the court must be complied with in its letter and spirit. Power to punish under the contempt procedure does not fulfill the requirement and in case court remain moot spectator and permit the parties or authorities to violate its order, damage may cause to parties and may suffer from irreparable loss and injury. Accordingly trial court should have issued appropriate direction or order to the local authorities and administration to ensure compliance of injunction granted by it in pursuance to inherent power conferred by Section 151 of the CPC and it shall be obligatory for the State authorities to comply with such order.
(3.) However, reiterating the proposition of law, we are of the view that in a democratic polity, it is always incumbent upon the governing authorities to implement the interim order or injunction order, granted by the trial court or this Court. In case, the injunction is not complied with by the private parties, the court has got ample powers to issue appropriate orders under section 151 C.P.C., directing the district authorities to implement the injunction granted by it. Non-compliance of the Court's order or injunction is the antithesis of the rule of law. In a civilized society, no one is above the law, whether it is a dispute with regard to the construction of a house or any other building including temple, mosque or church. In case, the Court has passed injunction order, it shall be incumbent upon the district authorities to implement the injunction or the order passed by the Court.;