- (1.) Heard Sri Shambhu Prasad Sharma, Secretary, Sky Enclave Gramin Sahakari Awas Samiti Ltd, 60 Jaipur House Market, Agra, in person; and Sri Neeraj Upadhyay, learned Additional Chief Standing Counsel, for the contemnor-opposite party.
(2.) This contempt application has been filed by Pt. Nawin Sharma, Member Executive Committee, Sky Enclave Gramin Sahakari Awas Samiti Ltd (herein after referred to as the Samiti), 60 Jaipur House Market, Agra against Pankaj Kumar, Collector, Agra alleging wilful disobedience of the order dated 06.01.2014 passed in Writ-C No.57803 of 2010.
(3.) It appears that the petitioner, as person authorised under a resolution of the Samiti, filed Writ C No.57803 of 2010 alleging that the Samiti was owner in possession of land bearing Khasra Nos.665, 666, 667, 668, 669, 670 Mauja Patholi, Tehsil and District Agra in respect of which, the Union of India issued a Gazette Notification dated 14.02.2007, under Sections 3 and 7 of the Works of Defence Act, 1903 (hereinafter referred to as the Act), imposing restrictions upon the use and enjoyment of the land being in the vicinity of Indian Air Force Station, Agra and its installation. It was alleged that pursuant to the aforesaid notification, the Wing Commander, Air Force Station, Agra issued a letter dated 28.01.2010 to the Vice Chairman, Agra Development Authority, Agra intimating him to ensure that no departmental work is carried out over the land which was covered by the notification. It was claimed that as the land of the Samiti was affected by the notification therefore the Collector, Agra be directed to make an award for compensation in respect of the land, under Section 12 of the Act. It was prayed that interest should also be paid on the compensation so awarded from the date of imposition of such restriction up to the date of payment of the compensation. In the said writ petition, it appears, despite opportunity given to the respondents, no counter affidavit was filed. The writ petition was disposed of by order dated 06.01.2014 with a direction that in case the petitioner files an application before the Collector, Agra for compensation, the Collector will proceed as per the provisions of Sections 9 and 12 of the Act and make an award within six months from the date of production of certified copy of the order.;