SC orders defied for 35 years, contemnor gets away

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New Delhi, Nov 7 (UNI) Karnataka Co-operative Milk Producers Federation, a state government instrumentality, which has been found guilty of defying the Supreme Court orders for over 35 years was let off with a warning and given another opportunity to comply with the apex court directions dated August 30,1972.

A bench comprising Justices Tarun Chatterjee and Dalveer Bhandari in its judgment dated November 2 has warned the Managing Director of Karnataka Cooperative Milk Producers Federation, Mr Jaya Parkash Reddy, ''In case there is non-compliance of the orders of this court, the court will take very serious view of the matter and pass appropriate orders. The contempt petition is disposed off accordingly.'' The apex court on August 30,1972 had directed the Milk Federation to hand over vacant possession of land measuring 2 acres and 5 guntas out of land measuring 15 acres and 18 guntas in terms of the compromise agreeement between the parties.

The land was to be handed over to the applicants Y N Gangadhara Setty and others.

The land was never handed over to the applicants and the Federation instead of handing over the land raised constructions over the land.

The apex court once again issued directions to the contemnor on December 5,2005 to hand over the land to the applicants while Federation offered another piece of land to the applicants.

The apex court in its judgment ruled, ''We find considerable merit in this application. On consideration of the totality of the facts and circumstances, we direct the respondent federation to hand over possession of 2 acres and 5 guntas as per annexed Map shown as Schedule "B" without any loss of time.

We further direct that the cost of the reconstruction of the existing buildings shall be valued by an independent government approved valuer within two weeks from today. The reconstruction cost so fixed shall be deposited within a week from the report of the valuer.

The respondent federation will be entitled to demolish the buildings within 8 weeks from the date of the deposit and shall hand over the vacant possession of the area of 2 acres and 5 guntas as per schedule B. The original reconveyance deed shall be rectified within four weeks of handing over vacant peaceful and physical possession by the respondent federation.'' UNI

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