SECTOR 6, BAHADURGARH PLOT HOLDERS' ASSOCIATION AND ORS. versus THE STATE OF HARYANA AND ANR.

Citation: [1997] 3 S.C.R. 680 · Decided: 07-04-1997 · Supreme Court of India · Bench: K. RAMASWAMY, D.P. WADHWA · Disposal: Dismissed
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Judgment (excerpt)

A 
B 
SECTOR 6, BAHADURGARH PLOT HOLDERS' 
ASSOCIATION AND ORS. 
v. 
THE STATE OF HARYANA AND ANR. 
APRIL 7, 1997 
[K. RAMASWAMY AND D.P. WADHWA, .JJ.] 
Contempt-Direction given by Supreme Court to respondents to com-
plete development work in colony-Allegation of disobedience of Court 
C order--No wilful disobedience found on tile part of respondents in carrying 
out the directions-Held there/ ore the conviction of respondents for dis-
obedience of court order was not warranted. 
D 
CIVIL ORIGINAL/APPELLATE JURISDICTION 
Contempt 
Petition No. 577 of 1996. 
In 
Civil Appeal No. 237 of 1981. 
From the Judgment and Order dated 17.10.80 of the Punjab & 
E Haryana High Court in C.W.P. No. 2415 of 1980. 
R.C. Verma and Chatanya Sidharth for the Petitioners Appellants. 
Swaraj Kaushal, Mrs. H. Wahi, Sanjcev Pabbi and Ms. N. Mukherjee 
F for the Respondents. 
The following Order of the Court was delivered : 
This is an application for contempt for disobedience of the order of 
this Court in Sector - 6 Bahadurgarh Plot Holders Association v. State of 
G Haryana, JT (1995) 9 SC 167. In the operative part of the judgment this 
Court directed as under : 
"The allotments having been made about two decades ago, there 
can be no justification in not fully developing the plots even by 
1992. The statement in 0.A. No. 2of1992 that the sector is "almost 
H 
fully developed" and that "temporary disposal has been completed" 
680 
l 
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SECTOR 6, BAHADURGARH PLOT HOLDERS' ASSN. v. STATE 681 
do speak about lack of proper interest and attention on the part A 
of the respondents. In this connection we would state that a 
statement had been on behalf of the respondent before this Court 
on 14.1.1995 that possession of the developed plots would be given 
to the appellants within a period of six months, and so such a 
direction was given. Shri Bhandare states that direction is yet to B 
be complied with in letter and spirit. It is this complaint which has 
given rise to Contempt Petition No. 22 of 1989. On the facts and 
circumstances of the case, we do not propose to pursue the 
contempt application and would direct the respondents once again 
to develop the sector fully, and not, "almost fully". This would be 
done within a period of six months, failing which the respondent C 
would not only be liable for contempt but the allottees would be 
exonerated from the liability to pay any interest whatsoever." 
It is alleged that the authorities have not taken any steps, after the 
above order passed by this Court. As a result, contempt notice was issued. D 
Affidavits have been filed by two person, viz., by the Chief Engineer K.K. 
Bhugra and the other by Executive Engineer R.K. Garg. The Chief En-
gineer in his affidavit has stated in paragraph 4 that "I say and submit that 
I have personally visited and inspected Sector-6, Bahadurgarh and found 
that the development as well as additional works detailed in the affidavit 
of the Executive Engineer have been carried out at site." In the affidavit E 
filed by the Executive Engineer, R.K. Garg, he has stated about the action 
taken by him in paragraph 4, which reads as under : 
"That pursuant to this Hon'ble Court's judgment directions dated 
6.12.1995 in Civil Appeal No. 2347/1981, the authority undertook F 
the balance works. The sewerage pipe line of 800 mm. diameter 
ha\ing a length of about 8/4 kms. (760 Mts.) have been laid and 
made operational, while the temporary disposal just adjoining the 
sector has been abandoned. One Electric transformer has been 
installed and open spaces have been fenced with barbed wire and 
levelled. In addition to the development works, following repair G 
and augmentation works have also been carried out. 
(a) 95. Sodium lamps have been provided on the central verge of 
the 4 lane divided carriage way main entry from National High way 
No. 8 to the colony. 
H 
682 
A 
B 
c 
SUPREME COURT REPORTS 
[1997] 3 S.C.R. 
(b) Two main entries to the colony from National Highway No. 8 
have been repaired and reearpettcd with mechanical mixer and 
paver machines and are in good condition. 
(c) All major roads or the colony having metalled width of 6.7 mtr. 
and 9.4 mlr. have been repaired and n:carpcttcd with mechanical 
mixer and paver machine and are in good condition. 
( d) Three hundred tree guards have been installed for protection 
of the saplings planted. 
The authority has spent in all about Rs. 85.00 lacs on these 
works since 6.12.95 i.e. the judgment/directions
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