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4 weeks ago

Court attaches salary of Comm/Secys, DC Ganderbal

Srinagar: A local court here has issued bailable warrants against the Commissioner/Secretaries Revenue and R&B departments, Deputy Commissioner Ganderbal and other high-ranking officials and also attached their salary for flouting the court orders.

Sub-Judge Ganderbal, Fayaz Ahmad Qureshi, in an execution petition filed by the litigants for complying the judgment and decree by the court directed compensation for them in lieu of land which has been acquired by the Government for widening of road.

The judgment and decree by the said court was passed in the month of October 2022 concluding that the litigants are entitled to compensation for the quantum of the land which has been taken by the Chief Engineer R&B Rajbagh Srinagar and Executive Engineer R&B Division Ganderbal for construction of road at Choutwaliwar Lar Ganderbal.

Court had directed the authorities to make the assessment of the quantum of the land of both the plaintiff-land owners which has come under the construction of the road and process the case as mandated under ‘The Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013’ for payment of compensation to the plaintiff within two months from the date of this judgment and are directed to pay the requisite compensation to the plaintiffs for the land taken from them without any further delay.

Despite the judgment having been passed by the court, the defendant have not complied with the same, compelling the land owners to file an execution petition for implementation of the basic judgment.

Court said the authorities have made a mockery of the justice and they have played with the judgment without any compliance from them and might be under an impression that this judgment is merely a piece of paper which will be complied with by them at their sweet will and desire. “In a state/country governed by rule of law this approach cannot be tolerated”.

The Court therefore, directed to issue bailable warrants against all the delinquent officials including Commissioner/Secretary Revenue, Commissioner/Secretary, R&B Department, Deputy Commissioner Ganderbal, Tehsildar Lar, Chief Engineer R&B Rajbagh, Srinagar and Executive Engineer R&B Division Ganderbal.

The court directed that warrants shall be issued to the tune of Rs. 50,000 and DIG Central has been directed to execute the warrants positively without any failure. “DIG Central is directed that in case the judgment debtors do not or fail to furnish bail bonds as directed by this court, they shall be taken into custody and produced before this court”, court added.

Court simultaneously directed to attach the salary of all these judgment debtors to ensure that judgment and decree is complied with and the decree holders reap the fruits of the judgment and decree which they have obtained.

“The concerned DDOs as well as the Treasury Officers shall not release the salary of all these judgment debtors till further orders or till judgment and decree is complied with so as to instil a sense of discipline for compliance with court orders and seek enforcement of the judgment and decree passed by this court”, read the order.

Court has made it clear that once a judgment has been passed, the authorities being public functionaries are under duty and responsibility to honour the judgment in letter and spirit unless stayed by the competent court.

“The same has not been done by the defendants. It is prayed by the Counsel for the decree holders that the judgment debtors may be sent to civil prison for enforcing the judgment and decree passed by this court and their salary may be attached so that the judgment is implemented in letter and spirit”, court said.

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