- (1.) This is an application filed by the respondent State seeking review of the judgment and order dated 22.10.2009 passed by the Division Bench disposing of the writ petition.
(2.) Fact, in short, relevant for the purpose of the case are as under : Petitioners approached this Court by filing writ petition no. 10793 of 2000 connected with writ petition no. 12665 of 2000 for issuance of writ, order or direction in the nature of Certiorari to quash the impugned order dated 27.11.1999 passed by the Assistant Collector/Tehsildar, Sadar, district Mirzapur whereby the land of the petitioners was requisitioned for the purpose of construction of public road under the U.P. No. 37 of 1948. Learned single Judge finding that the purpose of requisitioning the land mentioned in the order was a permanent nature, thus it could not have been passed under the provisions of U.P. Rural Development Requisition of Land Act, 1948 ( U.P. Act No. 37 of 1948). Learned single Judge, however, finding that by the time the petitioners approached this Court and obtained interim order, a huge amount was already invested on the construction of the road and the respondents were ready to pay compensation of the land in dispute in accordance with the provision of the Land Acquisition Act, disposed of the writ petition by making following directions : "In view of the aforesaid facts, it is hereby directed as under : (1) The amount of compensation shall be calculated as per circle rates prescribed by the Collector, a copy of which has been filed as Annexure-RA-1 to the rejoinder affidavit filed by the petitioner. The validity and genuineness of the same has been accepted by the learned Standing Counsel. (2) The amount of compensation as calculated shall be paid to the petitioner within a period of three weeks from the date a certified copy of this order is produced before the competent authority. The amount, if any, already paid by the respondents shall be adjusted. (3) After full amount is paid, the respondents shall be at liberty to construct the road on the land in dispute. With these observations and directions, this petition is disposed of finally." Instead of making compliance of the aforesaid directions issued by this Court on the writ petition filed by the petitioners, the respondents issued a letter dated 10.8.2000 asking the petitioners to appear before the Sub Registrar on 17.8.2000 and to execute the sale deed in respect of the land in favour of the Public Works Department. The petitioners submitted a reply that unless compensation is paid to them in accordance with the directions issued by this Court they cannot be compelled to execute the sale deed. Another letter dated 16.8.2000 was issued by the Executive Engineer, Public Works Department, Mirzapur that they shall be paid compensation @ Rs.7700/- per biswa.
(3.) The petitioners filed a Contempt Petition No. 4564 of 2000 alleging that in compliance of the order passed by the writ court, they are entitled to compensation at the circle rate and since the payment is not being made as per the circle rate, the respondents are in contempt of the judgment and order dated 09.05.2000 passed on writ petition no. 12665 of 2000. The said contempt petition was dismissed vide order dated 01.05.2000 on the ground that which part/rates prescribed in the circle rate shall be applicable for determining the compensation in accordance with judgment dated 09.05.2000 cannot be decided in contempt proceedings and it was left open to the applicants to initiate such fresh proceedings as may be available to them under law.;