HC seeks explanation from judicial officer

Saurabh Malik

Tribune News Service

Chandigarh, August 18

Just over two months after lower courts were restrained from taking coercive steps in a case alleging delay in compensation by HUDA, the Punjab and Haryana High Court has called for an explanation from a judicial officer. He has been asked to explain why he “dared to violate” the High Court orders.

The Bench of Justice Rajesh Bindal and Justice Gurvinder Singh Gill also directed that a copy of the order be forwarded to the officer through fax for enabling him to send his explanation before the next date of hearing.

The developments took place on a bunch of petitions by M/s Daulatram-Dharambir Auto Private Limited alleging delay in compensation by HUDA.

As the case came up for resumed hearing, counsel for the state referred to an order passed by Hisar Additional District Judge Jaibir Singh on July 4 in an execution petition.

The court was told that an account of HUDA was attached and the case was adjourned for arguments on an application filed for realization of decretal amount through arrest and detention of HUDA officers.

The bank was directed to remit the compensation amount to the court for disbursement to the decree holders on July 14, after noticing that the warrants of attachment had been received back duly served.

The counsel for the state further submitted that the High Court order dated June 2, restraining the lower courts from taking coercive steps for recovery of any amount in any execution filed by the landowners, was brought to the Court’s specific notice. He added: “But still the order was passed, taking coercive steps by attaching the account and proposing to issue arrest warrants”. The counsel further submitted that similar orders were passed in a number of execution petitions.

The Bench during the hearing took note of an affidavit by HUDA Chief Administrator J. Ganesan, stating that the limit of Rs 3,500 crore has been sanctioned by different banks. But the amount had not been disbursed on account of guarantee to be furnished by the state.