You have to call lawyer for phone consultation
don’t agree to revised offer from
govt
insist that land be offered as per original undertaking given to court
Contempt order issued for the petitioner but undue delay by collector in execution of the HC order
On September 2018 Honorable High court madras Madurai bench for disobeying writ petition order of the same court and passed an order to allocate land measuring 30 cent in exchange of what government took without our permission for laying bypass road. But one year had passed till now the contempt order by the court was not executed. Again the matter was taken to the court but the Government side's explanation was they had difficulty in clearing the paper with CLA since the land ordered by the court to hand over to the petitioner price was high when compared to our original land we lost to government. The land proposed to us itself is decided and identified by government only not by us and promised in front of the judge chamber by private negotiation by mutual agreement. the collector previously agreed but excusing now the price is high and difficult to clear the paper. The government side now claiming to propose new land which is of very low guideline value which is exactly opposite to what it had promised before the High court judges. how to proceed further? what will be the course of the case will it still get delayed ? please call me for further calarifications thank you all
Asked 3 years ago in Civil Law
28 Answers
You need you follow up with the concerned govt dept and if not resolved then again approach HC for directions
Please approach High Court for Contempt proceedings against all your opponents for willful disobedience of order of High Court.
Again file contmept petition. This contmept of contmept.
- Since, the direction has already passed , and in the non compliance of the said order a contempt petition may be filed.
- Further , as there is already contempt petition pending before the court , then you can move a application for urgent hearing in the case. However due to covid-19 , no court is working property.
- Further , as the government side is trying to propose a new land of low , then you can refuse the same after filing a reply in the said case.
If there is any case which is pending make your statement.
G.Rajaganapathy
High Court of Madras
You insist on the execution of the court order as well as follow up the contempt proceedings vigorously.
You do not accept the offer now made by the government side.
You can mention the event that it was the government side which suggested the said land and now the manner it takes a U turn is nothing but an act of cheating, especially the innocent public.
You don't accept the suggestions from the government side and insist on allotting the said land or to face contempt of court action.
You can file an application to expedite the decision in view of the long pending of the case as well as the hardships faced by you in this connection
Since they agreed to provide a particular land before the judge, inform the court on change of track.
Get the matter heard once again before the court so you can bring this change of stand before it.
In the meantime don't accept any other land.
No lawyer is permitted to call a client as per Bar Council Rules unless he has been engaged by the client
If the client wishes to have a legal consultation then he has to book a paid phone consultation and call the selected lawyer of his choice
Here there is a HC order which was passed based on the undertaking or statement by Government to the Court
The government has accepted that order since it has neither sought review of that order or challenged it before the SC
Thus now the government cannot justify by saying that the price of the land agreed to be transferred to the Petitioner is higher and on that pretext try to vary or modify the order
It is a clear case of contempt
However contempt and execution proceedings are different proceedings and operate in different fields
Contempt is for wilfully disobeying the order of the Court for which the contemnor can be punished by the Court under the contempt of Courts Act
However execution application is filed for enforcement of the binding order of the Court
The Collector is in clear contempt
Please move the contempt petition and join the Collector as a contemnor if he is not already joined
Seek help of the court to execute it's own order by filing an interim application in the disposed of writ petition
Bring to the notice of the Court the illegal acts of the Government to get over the Court's order and seek necessary directions against the Government in such interim application
You should file a contempt of court against the collector
The government has to come up with the piece of land sooner or later. If they don't have a parcel which is of the value which has to be given then they may give a higher value flat while taking excess money from you.
Dear Sir/Madam,
You are suggested to be strict to force your rights on the existing orders of the Court and submit and interlocutory application if required for fast decision of the court case.
As the Writ Petition and the contempt matter are already lying before the Madurai Bench of the Madras HC, the petitioner has to file an application praying for early hearing and final disposal, through his counsel. In view of the prevailing pandemic situation, further delay cannot be avoided, unfortunately.
Once a direction is issued by a competent court, it has to be obeyed and implemented without any reservation.
File a fresh petition for execution of mutual agreement as the land was allocated by govt itself.
Thank you everyone of advocates for your time spending on my case was great help for me in this dire situation i am facing. Sorry (Yusuf rampurawala) i had requested the lawyer to cal not knowing the bar code rules (just in case, dont know my question is clear or not). yes, government is playing with us. Even contempt petition has no impact for the government still disobeying the orders. As a worst case scenario if the case is delayed still further if the Government put pressure on the government and purposefully delay the case and also the judgement . If the interim judgement not favor of us. There is a lot of pressure from the local authority and collector office for us they are threatening our positions and all of our elders are really panicked. If any deviation made by the government on our case, to which case the matter can be taken further? can we make a appeal of the deviations and ask for additional compensation from the government for the delay of execution of the old contempt judgement? If so how much additional compensation can we ask the the court any upper limit ? Can we appeal the Supreme court? Is our case is eligible for appealing in supreme court?
Asked 3 years ago
Please file writ of Mandamus before High Court for seeking direction of execution of order of High Court in your Land Acquisition case .
Beside Contempt, you have efficacious remedy under Articles 226 and 227 of Indian Constitution to invoke Extraordinary Jurisdiction of High Court to get your grievances heard against Government whose actions are unjustified and illegal.
You may move before Supreme Court of India under Article 136 of Indian Constitution 1949 for SLP circulation before Division Bench for the compliance of orders of High Court against the Government and Collector.
Only you need an order and certificate from the same bench which is hearing your Contempt proceedings in the High Court that your Appeal against the Government is maintainable and fit for hearing of SLP before SC .
If any adverse offer is passed against you by HC you can file appeal in SC
no need to bow down to pressure tactics from collector office
govt authorities are guilty of contempt of court and they will have to comply with court orders
If you get adverse order from HC you can appeal to SC
You may have to await the final decisions of the Madurai Bench in both matters, Writ and contempt, before considering any further legal recourse. You may ask for additional compensation, without prejudice to your rights in the pending Writ.
the HC order has attained finality
the respondent govt. has not sought review of that order nor has filed any appeal against it
so the only option for you is to get that order enforced
you will have to again apply to the HC only and seek relief of enforcement of its own order. This application has to be filed in the main writ petition and in that application you also have to notify the factum of a contempt petition having been filed
in fact your lawyer can apply to the Chief Justice of the HC for tagging of your proposed IA in WP and the contempt petition so that both the proceedings can be heard together
why you want to go to Supreme Court???
the HC order both in writ petition and contempt petition are in your favour
so what is there for you to appeal in the SC?
whatever compensation you want to seek you can do that in the proposed IA in the WP itself
lawyers are humans. not any magicians. lawyers are not astrologers. so it is impossible to predict what costs the Court will award you for all the troubles faced by you. It is completely at the discretion of the Court
Judgement is already delivered in your fovor. You just press contempt. First send legal notice of contmept to concern dept.
In contmept you can request for compensation for delay in honouring court order.
And willful disobedience.
The high court has given an order in your favor.
The government is coming out with an alternate solution.
You have all the rights to reject their proposal.
You can insist the court to direct the court to carry out the orders passed by the court in view of the rejection of their proposal by you.
You are talking about the compensation whereas the main relief itself has not been decided yet.
The high court order has not been totally disobeyed by the government, they are adopting the dilly dallying tactics to somehow avoid the high court orders to grant you the land as mentioned in the order.
You can file an execution petition also to execute the orders of the high court.
A Special leave petition (SLP) can be filed in the Supreme Court against the impugned order of the High Court.
The compensation has to be given by the district collector. Its decision can be challenged in the high court.
A writ petition can be filed by you in the high court for adequate compensation and expeditious hearing and disposal of the case.
1. Yes you can take matter further to Supreme Court of India.
2. Yes you can claim more compensation for delay in allotment.
3. If you get adverse orders from High Court even after mutual settlement then you can definitely approach Supreme court in this matter.
Dear Sir/Madam,
You are suggested not to deviate much and proceed as suggested earlier.
- Yes, you have right to further Appeal of the deviations , and also to ask for additional compensation from the government for the delay of execution .
- As per law, the government cannot acquire any private land without sending a notice to the owner of the land and also without publishing the proposal in the two news papers, if the notice not served upon the owner.
- Further, without deciding the compensation and paying the same, the government department cannot take possession of the land for the specified purposes like construction of road etc.
- As per the Land Acquisition (Amendment) Bill, 2007, the payment for acquired land must be made within one year from the date of the declaration, and the Collector can extend this time limit by six months with a penalty of 5% per month, and further if payment has not been made within one year nor has the Collector granted an extension, the land acquisition proceedings shall lapse.
- Further, after the compensation amount is determined, the Collector must ensure that payment occurs within 60 days. Possession of land shall not be taken unless full compensation is paid or tendered to the land owner.
- Further, the land owners whose property has been acquired under urgency shall be compensated an additional 75% of the market value of the land.
- Hence you are entitled to get 75% more than the market value of the said land acquired by the government.
File an appeal in the Hon'ble Supreme Court.