Srinagar, Sept 23: The High Court has sought personal appearance of Executive Engineer R&B and Assistant Commissioner Revenue (ACR) Srinagar for not complying with the judgment regarding land acquisition and adequate compensation.
The petitioner-Mohammad Shafi Makhdoomi’s land has been acquired by the authorities and a notification under Section 4(1) of the J&K Land Acquisition Act was issued on December, 2011 for acquisition of the landed property. However, no such notification was published by the respondents in the Government Gazette.
He contended that due to non-publication of the notification in the Government Gazette, they remained completely unaware about the issuance of such notification.
Court while quashing the notification issued under Section 4(1) of the J&K Land Acquisition Act, along with any other subsequent notification(s) issued by the authorities, including draft award, directed to initiate fresh process for acquisition of land in accordance with the law and the rules governing the subject to ensure adequate compensation to the petitioners.
Court has initiated contempt proceedings for the wilful disobedience of the judgment and vide order dated 07.09.2021 it directed for the personal appearance of the respondents Xen and ACR Srinagar.
No explanation is forthcoming as to why ACR has not appeared. “In view of the above, we take cognizance of the absence of the Xen & ACR Srinagar and direct for issuing fresh notices for contempt of this count to both of them”, Division Bench of Chief Justice Pankaj Mithal and Justice V C Koul directed.
The DB further directed that they would personally appear before the Court on the next date to explain their absence from the court as well as the noncompliance of the judgment and order dated 29.03.2021. Court meantime asked the counsel appearing for Xen to file a statement of facts in the contempt proceedings.