Can't Decide Disputed Questions Of Facts In Contempt Jurisdiction: Allahabad High Court Discharges NOIDA CEO, Gautam Budh Nagar DM
The Allahabad High Court while dismissing contempt proceedings against New Okhla Industrial Development Authority’s (NOIDA) CEO & District Magistrate, Gautam Budh Nagar held that the Court in contempt proceedings cannot decide questions of facts. The bench comprising of Justice Rohit Ranjan Agarwal observed that there was no defiance on behalf of the officers to comply with an order of...
The Allahabad High Court while dismissing contempt proceedings against New Okhla Industrial Development Authority’s (NOIDA) CEO & District Magistrate, Gautam Budh Nagar held that the Court in contempt proceedings cannot decide questions of facts.
The bench comprising of Justice Rohit Ranjan Agarwal observed that there was no defiance on behalf of the officers to comply with an order of the Writ Court as contemplated under Section 2(b) of the Contempt of Courts Act, 1971.
Relying upon the decision of the Supreme Court in Dr. U.N. Bora, Ex. Chief Executive Officer and others v. Assam Roller Flour Mills Association and another, the Court held that “this Court while exercising contempt jurisdiction cannot decide the disputed question of facts”.
Petitioner’s land was acquired by way of notification under Section 6/17 Land Acquisition Act in 1990. The notification was challenged before the High Court. Since the writ petition was dismissed in default, possession was taken over by the Collector and transferred to NOIDA on 10.09.1999 for the construction and development of the land for public purposes.
Subsequently, the writ Court ordered NOIDA to either pay double the compensation to the landowners for their land used in the development of public infrastructure area at Sector 82, Noida or return them with the vacant possession of their land after removing construction, if any. The Court noted that the acquisition proceedings of the large area of land (including the area under dispute) was undertaken in the year 1989 and were later quashed after almost two & half decades in the year 2016 meanwhile the land has significantly undergone development alike construction of public road, CNG pump, bus terminal etc., on it for public purposes and utility.
Counsel for the Applicant alleged non-compliance of the Court’s directions and demanded compensation for the entire land bearing Khasra No. 136M, 137M and 138M alleging that their land has been used in the construction of a public bus terminal at Sector 82 of NOIDA.
While denying the demand for compensation, the High Court observed that a small portion of landowners’ land was used in the construction of a public road connecting Dadri to Ghaziabad at Sector 82, Noida while a large part of their land is still lying vacant and ready to be handed over to the landowners.
The Applicant was demanding compensation over the entire Khasra No. 136M, 137M and 138M which are big plots and only a portion of the said land belongs to the Applicants.
The High Court held that questions of facts cannot be decided in contempt proceedings. Further, in the present case, the compensation for the area of the land used in the development of public roads was already determined by the appropriate authority in pursuance of the order of the writ Court. The same stands deposited in the interest-bearing fixed account in a nationalized bank and the unutilised land is being returned to the Applicants.
The Court held that “there is no deliberate disobedience of the order of writ Court as contemplated under Section 2 (b) of the Contempt of Courts Act, 1971 so as to invite the wrath of this Court for punishing the opposite party for not complying the orders of writ Court.”
Accordingly, the Court dismissed contempt proceedings against the CEO of NOIDA & District Magistrate, Gautam Budh Nagar.
Case Title: Smt. Manorama Kuchhal And Another vs. Brijesh Narain Singh D.M./Collector NIC Dist. Centre And 6 Ors 2023 LiveLaw (AB) 225 [Contempt Application (Civil) No. - 2339 of 2017]
Case Citation: 2023 LiveLaw (AB) 225
Appearances: Mr. Ram Kaushik for Applicants. Mr. Sanjiv Sen, Senior Advocate assisted by Mr. Sameer Jain, Mr. Love Kumar Gupta, Mr. Deepesh Raj, Mr. Ashvin Raj Jaiswal, Ms. Saumya Pandey from PSL Advocates & Solicitors, New Delhi along with Mr. Amit Saxena, Senior Advocate & Mr. Kaushlendra Nath Singh for NOIDA. Mr. P.K. Giri, Additional Advocate General of UP for District Magistrate Gautam Budh Nagar.