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2025 DAILYLAW 47272 (ALL)

KABITA BISHT v. RAMA RAMAN CHAIRMAN AND CEO NOIDA

CAPL/4021/2014 · 2025-03-19

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40377 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4021 of 2014 Applicant :- Kabita Bisht Opposite Party :- Rama Raman Chairman And Ceo Noida Counsel for Applicant :- Brajesh Chandra Awasthi,Jyotish Awasthi Counsel for Opposite Party :- S.C.,Shivam Yadav Hon'ble Salil Kumar Rai,J. The present application has been filed pleading willful disobedience of the order dated 17.12.2013 passed by this Court in Writ - C No. 69215 of 2013. Through order dated 17.12.2013 passed in Writ - C No. 69215 of 2013, the Court directed that order of the same date passed in Writ - C No. 52090 of 2013 shall also be applicable in the case of the petitioner/ applicant. In effect, the writ petition was disposed of directing the petitioner/ applicant that no further constructions shall be raised over her plot without getting the map sanctioned and the development authority was also restrained from demolishing the existing constructions on the plot which the petitioner/ applicant claimed to be her plot, except in accordance with law. The application has been filed pleading that the constructions made by the applicant has been demolished by the development authority in violation of the orders passed by this Court, therefore, the opposite party is liable to be prosecuted and punished for contempt of this Court. There is nothing on record to show that any constructions made by the applicant over the plot have been demolished by the development authority. The photographs annexed to support the plea raised in the affidavit do not indicate that any existing constructions have been demolished. It was also argued by the counsel for the applicant that a road has been constructed over the plot which the applicant claims to be her own. The plea cannot be accepted. The applicant is admittedly the owner of only approximately 83 sq.mts. in plot no. 415 whose total area is approximately 5 hectares. There is nothing on record to show that there is any partition amongst the co-tenure holders of plot no. 415. The road constructed in plot no. 415 has not been constructed over the total area of the plot. It is further noted that the dispute relates to identity of the portion which the applicant could claim to be her own, therefore, the applicant may exercise remedies before the Civil court and it is not a case to institute proceedings under the Contempt of Courts Act, 1971. The contempt application is dismissed. Order Date :- 20.3.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad