Dharam Rattan vs Ajay Kumar, Ias, Chief Administrative Hsvp. Pkl And Ors

COCP-5345-2026 (O&M) -:1:-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(115) COCP-5345-2026 (O&M)
Date of Decision: 11.11.2026
DHARAM RATTAN
… Appellant
Versus
AJAY KUMAR, IAS, CHIEF ADMINISTRATIVE HSVP. PKL AND ORS
... Respondents
-.-
CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL
Present:- Mr. Deepam Ragav, Advocate
for the petitioner.
Mr. Harmanjot Singh Gill, Advocate
for the respondents.
-.-
VIRINDER AGGARWAL , J . (Oral)
1. The present petition has been preferred under Sections 10 and
12 of the Contempt of Courts Act, 1971, read with Article 215 of the
Constitution of India, seeking initiation of contempt proceedings against
the respondents for their alleged wilful and deliberate disobedience of the
order dated 13.08.2026 (Annexure P-5), passed by the Court of Dr.
Narinder Kaur, Additional District Judge, Sonipat, in CIS No. CM-316 of
2026 (CNR No. HRS001005057-2026), titled Dharam Rattan vs. State of
Haryana etc., arising out of LAC No. 278 of 2015, decided on 27.02.2025
(Annexure P-3).
2. The petitioner, a senior citizen and co-owner of the acquired
land, was awarded enhanced compensation of 55,50,000 per acre, along ₹
with statutory benefits, vide award dated 27.02.2025. Despite the absence
GAURAV SOROT
2026.11.11 16:15
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COCP-5345-2026 (O&M) -:2:-
of any stay, the enhanced compensation remained unpaid. Accordingly,
vide order dated 13.08.2026, the Additional District Judge, Sonipat,
directed respondent No. 3 (HSVP) to deposit the compensation, along with
up-to-date interest, directly into the petitioner's bank account within two
months. Despite service of repeated representations and reminders, the
respondents failed to comply with the said direction, prompting the
petitioner to initiate the present contempt proceedings for wilful and
deliberate disobedience of the Court's order.
3. Learned counsel for the petitioner seeks issuance of notice of
contempt to the respondents for their alleged wilful and deliberate
disobedience of the order dated 13.08.2026 (Annexure P-5), passed by the
Court of the Additional District Judge, Sonipat, in CIS No. CM-316 of
2026, and prays that they be proceeded against and punished under Section
12 of the Contempt of Courts Act, 1971. A further direction for immediate
compliance with the aforesaid order by release of the enhanced
compensation, along with all statutory benefits and up-to-date interest, as
well as the personal appearance of the respondents, is also sought.
4. At this stage, Mr. Harmanjot Singh Gill, Advocate, appears on
behalf of the respondents and opposes the petition. Learned counsel
contends that the allegations of wilful and deliberate disobedience are
misconceived and that mere non-compliance with a judicial direction, by
itself, does not constitute civil contempt unless accompanied by a
deliberate and intentional defiance of the Court's order. It is further
submitted that no material has been placed on record to establish any
contumacious conduct on the part of the respondents or their deliberate
GAURAV SOROT
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COCP-5345-2026 (O&M) -:3:-
intent to undermine the authority of the Court. Accordingly, dismissal of
the present petition is sought.
5. Having heard learned counsel for the parties and, with their
able assistance, having meticulously scrutinised the paper-book, this Court
finds that the present contempt petition is not the appropriate remedy for
enforcement of the monetary obligation arising out of the award dated
27.02.2025 and the consequential order dated 13.08.2026.
5.1. A perusal of the material on record reveals that the substantive
grievance of the petitioner is non-payment of the enhanced compensation,
along with the statutory benefits and up-to-date interest, despite the
direction issued by the Court of the Additional District Judge, Sonipat. The
relief sought, therefore, essentially concerns enforcement and recovery of
the monetary amount determined to be payable to the petitioner. Such
relief is capable of being effectively pursued by initiating appropriate
execution proceedings before the competent Court in accordance with law.
5.2. The jurisdiction exercised in contempt proceedings is intended
to uphold the majesty and authority of the Courts and to ensure
compliance with their judicial orders. It cannot ordinarily be invoked as a
substitute for the statutory mechanism of execution or as an alternative
mode of recovery of money payable under an award or decree . Where an
effective remedy of execution is available for securing compliance with a
monetary direction, the aggrieved party must ordinarily avail itself of such
remedy rather than seek recovery through contempt proceedings.
5.3. In the facts and circumstances of the present case, this Court is
of the considered opinion that the petitioner ought to pursue the remedy of
GAURAV SOROT
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COCP-5345-2026 (O&M) -:4:-
execution for enforcement of the award and recovery of the enhanced
compensation, together with the admissible statutory benefits and interest.
Consequently, the present contempt petition is dismissed as not
maintainable, leaving the petitioner at liberty to avail the appropriate
remedy of execution in accordance with law.
5.4. It is clarified that the dismissal of the present petition shall not
be construed as an expression of opinion on the merits of the petitioner's
entitlement to the amount claimed or on the respondents' liability to satisfy
the award and the consequential order. All questions in that regard are left
open to be determined by the competent Court in the appropriate
proceedings, in accordance with law.
6. In view of the fact that the principal matter stands finally
adjudicated, all pending miscellaneous applications, if any, also stand
disposed of accordingly. No further orders are required to be passed in that
regard.

( VIRINDER AGGARWAL )
11.11.2026 JUDGE
Gaurav Sorot
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
GAURAV SOROT
2026.11.11 16:15
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of this document