High Court of Punjab and HaryanaCOCP/31/2018dismissed

Jaggi & ANR v. J Ganesan & ANR

2018-01-18Mrs. Justice Raj Rahul Garg2 pages

COCP 31/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 31/2018 Date of decision:18.01.2018 Jaggi and another ..............Petitioners v.

J.Ganesan,Chief Administrator,HUDA,Panchkula and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Ram Bilas Gupta,Advocate for the petitioners. Jaswant Singh,J,(Oral).

The land of both the petitioners was concededly acquired in the year 1989. After 26 years they filed CWP 4339/2015 claiming their right of allotment of residential plot as oustees which was disposed of vide order dated 12.3.2015 by a Division bench of this Court in terms of the judgment dated 25.4.2012 passed in LPA 2096/2011 titled HUDA and another v Sandeep and Another.

Counsel for the petitioner heard at length.

It is an admitted position that in Sandeep's case (supra) certain directions were given regarding procedure to be adopted for allotment of plots to the oustees. The petitioners are invoking contempt jurisdiction merely on the ground that three years have lapsed since an order was passed in their favour and the Government/HUDA has done nothing inspite of plots being available for allotment in Faridabad although it is conceded that no advertisement/scheme for allotment has been floated in terms of the Rajinder Parshad Joshi 2018.01.19 12:01 I attest to the accuracy and integrity of this document

COCP 31/2018 directions by any Authority. None for the directions have shown to be violated.

From the above, it is apparent that the present contempt is not only misplaced but amounts to abuse of process of the Court for issuing a direction to the respondents.

Dismissed with costs of Rs.5000/- each (Rupees five thousand each) to be deposited with District Legal Services Authority,Faridabad within a period of two months from today.

Secretary, District Legal Services Authority,Faridabad to ensure recovery of the aforesaid costs as arrears of land revenue in case the same is not deposited within the stipulated time. 18.01.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.01.19 12:01 I attest to the accuracy and integrity of this document