OF KARNATAKA AT BENGALURU DATED THIS THE 6 TH DAY OF DECEMBER v. ANJARIA

SMT. LAKSHMI, ASST. REVENUE OFFICER, CHAMARAJAPET DIVISION, DR.A.C.M. RAMAN STREET, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560053. …ACCUSED (BY SRI B.L. SANJEEV, ADVOCATE FOR A1 & A3; A2 SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED PERSONS FOR WILLFUL DISOBEDIENCE OF THE ORDER OF THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT DATED 23.05.2023 IN W.P.No.25568/2022 (LB-BMP) VIDE ANNEXURE-A. THIS CCC COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Following were the directions issued by learned Single Judge in his order dated 23.05.2023 while disposing of the writ petition, "This writ petition stands disposed of permitting the petitioner to file an application in terms of the endorsement dated 11.07.2022 at Annexure ‘K’ for grant of an alternative site in lieu of property bearing No.45 situated at Muneshwara Layout, which was earlier granted by the respondent-BBMP under a registered sale deed dated 19.06.2006. As and when - 3 - NC: 2024:KHC:50468-DB CCC No. 113 of 2024 such an application is given by the petitioner, the respondent-BBMP shall act and grant an alternative site as undertaken by impugned endorsement dated 11.07.2022."

2. The contempt is alleged in respect of non-compliance of the above directions stating that the site is not allotted.

3. In response to the notice of this Court, respondent-Bruhat Bengaluru Mahanagara Palike (BBMP) has filed its response dated

06.06.2024 in which after narrating the factual background and the history of development, it is stated that the respondent, though made all sincere efforts and honest attempts to allot the alternative site to the complainant as directed by this Court, the site identification could not be done and that it was not possible to identify or allot the site which may have the clear title. It is stated that therefore, the site with clear title is not possible to be allotted to the complainant.

3.1 Thereafter, respondent-BBMP has filed memo dated

16.10.2024 which reads as under, "The accused herein has decided compensation to the complainant in lieu of the site of the complaint herein and commissioner BBMP has given approval for the same to pay regard - 4 - NC: 2024:KHC:50468-DB CCC No. 113 of 2024 and a copy of which is produced herewith for the kind perusal of this Hon'ble Court. Hence the same may kindly be taken on record, in the interest of justice and equity. "

3.2 Along with the memo, the order/endorsement dated

15.10.2024 of the competent authority is produced which is in vernacular which was explained to the Court to submit that it gives approval for payment of compensation to the complainant in lieu of the alternative site which is not possible to be allotted.