Telangana High Court

CC/2139/2012 of Smt. M.Dayamani Vs Dr. Buddha Prakash M.Jyothi I.A.S on 28 December 2012

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SRI JUSTICE V. ESWARAIAH & HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CC No.2139 of 2012 DATED 28-12-2012 NRG HON’BLE SRI JUSTICE V. ESWARAIAH & HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CC No.2139 of 2012 DATED 28-12-2012 BETWEEN: Smt. M. Dayamani

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NRG

HON’BLESRI JUSTICE V. ESWARAIAH&

HON’BLE SRI JUSTICE VILASV. AFZULPURKAR

CC No.2139 of 2012DATED 28-12-2012

HON’BLESRIJUSTICE V. ESWARAIAH

&

HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

CC No.2139 of 2012

DATED 28-12-2012

BETWEEN:Smt. M.Dayamani …………PetitionerAnd Dr. Buddaha Prakash M. Jyothi IAS and another

…………Respondents

CC No.2139 of 2012

ORDER: ( per Hon’ble Sri Justice Vilas V. Afzulpurkar )

This contempt case is filed alleging violation of the final orders passedin Writ Appeal No.989 of 2011, dated 05-06-2012. It is averred by thepetitioner that the award passed by the competent authority dated 4-3-2011 was in violation of the interim orders operating in the writ appeal.

2. We have examined the record.

3. As against the order dated 20-11-2007 passed in WP No.4784 of2007, the official respondents in the writ petition, preferred writ appeal, andthis Court by order dated 22-11-2011 granted interim stay which reads asfollows:- “In the meanwhile the operation of the judgment and order under appeal insofar as it relates to the determination of compensation is stayed.”

4. Later, the writ appeal was heard on merits and orders were passedvide judgment dated 05-06-2012 interalia, holding that determination ofcompensation has to be made as per Section 3G of the National HighwaysAct i.e. as on the date of publication of the notification under Section 3A ofthe National Highways Act. The award passed by the competent authorityon 4-3-2011 was in fact is in conformity with the direction in the final orders inthe writ appeal. So far as the contention that the award was passed by thecompetent authority contrary to grant of interim stay in writ appeal isconcerned, it is evident that the interim order in the writ appeal had stayedthe operation of the impugned order and judgment in so far as it relates todetermination of the compensation. In other words, the interim order in thewrit appeal had stayed the operation of the order in the writ petition whichdirected determination of land value as on the date of taking possession ofthe land. Since in the writ appeal, the order passed by the learned singleJudge in the writ petition was set aside, the award passed by the competent authority inasmuch as being in conformity with the final orders in the writappeal, we do not see any violation of the orders of this Court, as alleged bythe petitioner. The contempt case is accordingly dismissed. No order as tocosts.

________________________

V. ESWARAIAH, J

_________________________

VILAS V. AFZULPURKAR,J

Dated: 28-12-2012

Nrg.

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