- (1.) TARUN Kumar Agarwal son of Om Prakash Agarwal is assailing before this Court the judgement and order dated 12th July, 2013 passed by the learned Single Judge in Contempt Application (Civil) No. 1456 of 2013, The Executive Engineer Vs. Tarun Kumar Agarwal, by holding him guilty of contempt under Section 12 of the Contempt of Courts Act, 1971 for having wilfully and deliberately violating the undertaking given to the Court on 29th of May, 2013 and imposing sentence of one month simple imprisonment.
(2.) BRIEF background of the case, as is reflected from the pleadings, is that Uttar Pradesh Avas Evam Vikas Parishad has allotted plot no. F -14 situated at Shastri Nagar, Meerut to one Parmatma Saran Mahesh son of Sri D.P.Mahesh, the said incumbent got a plan sanctioned for building of a residential house, however, he did not build the house and proceeded to sold the property in question to the appellant before this Court vide a sale -deed dated 17th of May, 2012. Tarun Kumar Agarwal, thereafter, started raising construction and the grievance of the authorities of Uttar Pradesh Avas Evam Vikas Parishad has been to the effect that constructions that were being carried out on the spot were in gross violation of the sanctioned plan and, accordingly, show cause notices were issued and ultimately an order was passed on 8th of August 2012 for demolition of the construction that has been carried out.
(3.) QUESTIONING the validity of the said demolition order dated 8th of August, 2012, Civil Misc. Writ Petition No. 53191 of 2012 has been filed before this Court and this Court has proceeded to pass an order directing the parties concerned to maintain status -quo but in spite of the fact that there has been an interim order of status quo, as per the complaint made, Tarun Kumar Agarwal with all impunity, in spite of the fact that the said interim order has been passed on his writ petition, continued with the construction and all efforts were made by him to complete the finishing of the building. The authorities of Uttar Pradesh Avas Evam Vikas Parishad tried to their hilt to get the construction stopped and when same did not bear any fruit, then they were forced to file contempt application before this Court wherein photographs were annexed to show the nature and extent of construction in October 2012 and also the improvements and constructions made at the time of filing of the contempt petition. Precise case of Uttar Pradesh Avas Evam Vikas Parishad has been to the effect that order of status quo has been passed on 10.10.2012 in Civil Misc. Writ Petition No. 53191 of 2012 but in utter defiance of the same constructions were being carried out on the spot. This Court on being apprised of the said situation on 6th of May, 2013 directed the Uttar Pradesh Avas Evam Vikas Parishad to seal the premises in question forthwith and submit report with regard to the constructions. In pursuance thereof, a report dated 27th of May 2013 has been submitted along with the photographs that substantiated the fact that the building has been completed with all improvements despite the interim order.;