High Court frames contempt charges against Ludhiana civic chief

Rapping Ludhiana Municipal Commissioner for attempt to “overreach the process of court” in a “site plan” consideration matter, Justice Harkesh Manuja of the Punjab and Haryana High Court has framed charges under the provisions of the Contempt of Courts Act against “the present incumbent”.

Justice Manuja noted that the civic body had been dragging its feet over the petitioner’s grievance related to a site plan, despite directions from the writ court. Appearing before the through videoconferencing, commissioner Aditya Dachalwal submitted that the land in question, measuring 2,200 square yards owned by the petitioner’s predecessors, had been released from the “Kundan Puri Scheme”. However, he contended that the land appeared to be part of another scheme—the Upkar Nagar Scheme.

Justice Harkesh Manuja rejected the explanation after observing that the official failed to furnish any document or notification to establish even prima facie that the petitioner’s land was ever included in the Upkar Nagar Scheme. “On repeated queries, the official/respondent has not been able to apprise this court with respect to any credited empirical data... No document-notification whatsoever has been produced on record or even cited in the court,” Justice Manuja observed.

The Bench added the contention raised on the respondent’s behalf appeared to be an attempt to overreach the process of court in the instant contempt proceedings. “The Kundan Puri Scheme was formulated in the year 1955, whereas the Upkar Nagar Scheme was sanctioned in the year 1979 and the Kundan Puri Scheme was dropped in the year 1998.”

The court found it “highly improbable and impracticable” that a single chunk of land could be part of two independent schemes, separated by decades. The inordinate delay in considering the petitioner’s site plan, according to Justice Manuja, amounted to non-compliance of the writ court’s order.

The matter was brought to the high court’s notice after Rashmi Arora filed a pleas alleging contempt through counsel Aayush Gupta and Abhishek Chaudhary. “Charges under the provisions of the Contempt of Courts Act are hereby framed against the present incumbent of the office of the respondent, who prays for time to file reply to the charges,” Justice Manuja concluded, while fixing the case for further hearing on May 21.