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Court Attaches Salary of Comm/Secys, DC Ganderbal

A local court in Srinagar has issued bailable warrants against high-ranking officials, including the Commissioner/Secretaries of the Revenue and R&B departments, and the Deputy Commissioner of Ganderbal, for failing to comply with court orders. The Sub-Judge of Ganderbal, Fayaz Ahmad Qureshi, in response to an execution petition filed by the litigants, directed compensation for land acquired by the government for road widening.

The initial judgment in October 2022 determined that the litigants were entitled to compensation for their land taken by the Chief Engineer R&B Rajbagh Srinagar and the Executive Engineer R&B Division Ganderbal. The court had instructed the authorities to assess the land’s quantum and process compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 within two months.

Despite the court’s directive, the defendants did not comply, leading the landowners to file an execution petition. The court criticized the authorities for disregarding the judgment, emphasizing that such behavior undermines the rule of law. The court insisted that this approach is intolerable in a state governed by law.

As a result, the court ordered bailable warrants for the officials, including the Commissioner/Secretary of Revenue, Commissioner/Secretary of R&B Department, Deputy Commissioner Ganderbal, and others involved. The warrants, set at Rs. 50,000, are to be executed by the DIG Central, who is also instructed to detain the officials if they fail to furnish bail bonds.

Furthermore, the court directed the attachment of the salaries of these officials to ensure compliance with the judgment. The DDOs and Treasury Officers have been instructed not to release the salaries until the judgment is fully implemented, aiming to instill discipline and enforce the court’s decision.

The court stressed that public functionaries have a duty to honor judicial decisions unless stayed by a competent court. The failure of the defendants to do so has led to calls for stringent measures to enforce the judgment.

The court’s order reflects a stern stance against non-compliance, highlighting that the judicial system’s decisions must be respected and implemented without delay. The judgment underscores the importance of upholding the rule of law and ensuring that justice is served.

The case serves as a reminder that court orders are binding and that public officials must act in accordance with legal directives to maintain the integrity of the judicial process.

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