take out contempt of court proceedings against collector for having failed to comply with HC order of passing of award within period of 6 weeks
Land acquisition
My land was acquired for formation of bye pass road in 2011 under sect 17 of the old act 1894 and 80% of the compensation was given only in may 2014 after enactment of the new act.Till now the award has not been passed. I have filed a writ petition in high court with a prayer that compensation has to be paid under section 24(1) of the new act.The govt has filed counter stating that 80% of the compensation was already paid under section 17(3) of the old act and sought to dismiss my writ petition. But the Honorable justice did not accept their contention and ordered since the award has not yet to be passed the compensation has to be paid only under section 24(1) of the new act and the award has to be passed within six week on receipt of the order.Mean while another land owner has filed a writ petition demanding compensation under the new act since the award is yet to be passed.His writ is numbered and under process.Mean while I have send a copy of the order to collector informing him of the need to pass the award within six weeks under new act as per the order of high court. I have received letter from the collector stating that since there is a writ pending in high court for the same subject matter, the award will be passed only on the outcome of the writ petition.Kindly advice me legally where I stand and what further course of action should I take to enforce the order of my writ petition.
Asked 5 years ago in Civil Law
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8 Answers
Dear client,
Another writ is useless as court had already passed general order to pass award with in 6 months. And pendency of writ has no consequences on your case. File contempt in court. And second writ also liable to dismiss via common order passed in your writ .
You have to wait pending adjudication.
You can file contempt of court petition against Collector.
Yes you can invoke contempt Petition against the non compliance of the high court order.
What the collector has said is wrong and tantamount to contempt of court. In your writ the HC has passed directions, which are to be honoured notwithstanding the pendency of another writ petition. If the HC order is not complied within the time limit set by the HC then file contempt immediately.
See since in your matter order is passed and there is no stay on your matter the collector need to pass an award if he fails in the given period file a contempt petition before the high court in your matter.
The collector cannot deny the payment for this reason.
The other person has file a writ petition seeking his own relief and not involved in your case.
You can file an execution petition to execute the high court order, let the collectorate answer the court about this when there is a summons from court.
