HC seeks personal appearance of R&B officials

Excelsior Correspondent

Srinagar, Dec 10 : Observing the authorities of Roads and Buildings (R&B) department have not in clear terms understood the judgment of court with regard to land acquisition and compensation, the High Court has sought for personal appearance of higher officials.
The presence of Superintending Engineer, P&W(R&B), Executive Engineer (R&B) Srinagar and Assistant Commissioner Revenue has been sought by the Division Bench of Justice Ali Mohammad Magrey and Justice M Akram Chowdhary in a contempt petition filed by Advocate Shakir Haqani.
Today Executive Engineer, R&B Construction Division-II Land Mandi, Srinagar was present in court and when asked about implementation of the basic judgment, he has shown photocopy of communication dated 10th September 2020 and the court after perusal of the same said the same has only reference to making request to the Chief Engineer, PWD (R&B), Department Kashmir, Srinagar about acquisition of property, which communication is issued before the judgment.
The respondents, DB said, have not in clear terms understood the judgment passed by the Division Bench of this Court in terms of whereof the court while allowing the writ petition of the petitioner-Mohammad Shafi Makhdoomi had quashed the notification issued under Section 4(1) of the J&K Land Acquisition Land along with any other subsequent notification including draft award, if any, with further with the directions to the respondents to initiate fresh process for acquisition of land, subject matter of the writ petition, in accordance with the law and the rules governing the subject to ensure adequate compensation to the petitioners-Landowners.
“Needless to say, that these directions were passed on consideration of the pleadings of the writ petition and after hearing the parties, the Court noticed that the respondents have taken over possession of land situated at Buchwara, Srinagar, in disregard to law and while demolishing the buildings, made the constructions”, DB recorded while seeking presence of officials of department.
The DB said that the respondents are not implementing the judgment; therefore, prima facie they have committed contempt of the Court. “The only compliance from the respondents can be by showing the notifications/indents issued after final order/judgment passed by the writ court. “In this background, before proceeding further in the matter, we seek response from all three respondents by the next date and they shall remain present in person before the Court on the next date of hearing”, DB directed.