Harish Tandon, J. - (1.) By an order dated 16th May, 2017 the writ petition was disposed of directing the Municipal Commissioner to immediately remove all the fencing as well as display board affixed by surrounding the plot of land and shall restore the same to its original position as it stood. When the contempt application came to be filed, a suggestion was made on behalf of the Corporation that they are agreeable to purchase the said plots of lands and therefore, the implementation of an order dated 16th May, 2017 should not be insisted. The parties sat together and there is no dispute that they work out consideration money to be paid in respect of the said plots of lands. Subsequently the Corporation raised an issue on the title claimed by the petitioner over the said plot of lands.
(2.) The Block Land and Land Reforms Officer was approached, who initially did not participate in the writ proceedings, to verify the ownership over the said plots of lands. The said authority, as it appears, raised a finger on the right, title and interest of the present petitioners which emboldened the Corporation to take a stand that unless a person establishes his title over the plots of lands sought to be purchased, the Corporation cannot pay the consideration money. Though the petitioners say that they have all the relevant documents relating to the title in respect of the said plots of lands, yet a cloud is created which the Corporation perceived as deterrent to proceed with the purchase of plots of lands. The court cannot be a mute spectator as the parties subsequently decided to sell and purchase the property but must see that the order is implemented in its entirety.
(3.) There appears to be fetter on the part of the Corporation in proceeding to purchase the said plots of lands and the spark may be visible in this regard. The fuel is sprinkled by the BL and LRO to bring such spark to be turned out into a devastating fire rendering the entire action and decision to purchase the property redundant, impracticable and otiose. It is equally true that the court cannot ignore that his order would remain unimplemented and/or flouted, for all time to come. ;