Baij Nath Dubey and ors. Vs. Avas Evam Vikas Parishad, Chairman and ors. - Court Judgment

Excerpt:
- - this reflected badly on the administrative set up and it amounted to an administration without obligations and responsibility. singh, an assistant engineer with the housing board, it would be best that the entire proceedings of 20 october 1995 are reproduced as part of this order so that the cause and the result can be seen in continuity. the housing board was not satisfied with the decision of the district judge in a reference and filed a first appeal before the high court. this in itself was a bad situation. a writ petition against the state by an agency of the state does not auger well.ordera.b. srivastava, jj.1. at one stage parties to this case, both of them, gave the court to understand that the issues were resolved by an agreement and compromise recorded and when the court proceeded to consign the petition to the record as there is nothing left to decide with issues settled and compromised, the contesting respondent the avas evam vikas parishad, retracted from the agreement. it said that the officer who entered into the agreement was without authority to act. the official who signed the agreement retracted, to say that he had never been authorised to act. unsettling settled issues or wrongfully settling issues without sanction both circumstances compromise and interfere with public justice. these! circumstances reflect on perjury and contempt to court proceedings. notice was issued to the official who retracted and to the organisation whose employee he was. the application of the petitioner that the matter had been settled remained pending on record since 1989.2. a situation which was compromising with public justice saw the initiation of suo moto contempt proceedings against the official of the u.p. avas evam vikas parishad and notice to the parishad. before the court, on record was a situation that on behalf of the avas evvam vikas parishad, hereinafter referred to as the housing board. at one stage, it was placed on record that there is an understanding by an agreement between the petitioner and the housing board which leaves no issues for the court to examine. no soonor, the writ petition was being laid to rest, it was prevented from such an order because now the very official of the housing board who signed the agreement, contended that he had no authority to sign the agreement. there was no issue but in the net result, every issue stood facing the court to be resolved by hearing simultaneously this contempt action including the action for perjury.3. in one case relating to the housing board, this court noticed that the pleadings which were being placed in court were affirmed by petty officials and the higher echelons of beauracracy were escaping and avoiding in affirming pleadings before the high court. this reflected badly on the administrative set up and it amounted to an administration without obligations and responsibility.4. judging the present case in a total spectrum would have meant going into matters of perjury and criminal contempt. the crucial question before the court was that the ills which occasioned the situation being identified and remedied and prevent the repetition of it. primiarily this gourt was concerned with large number of litigations pending at the high court in which affidavits without responsibility may have been filed. vicariously the housing board was obliged to answer misdemeanours at the hands of its representatives in court. the court was indicted by standing counsel of the housing board that approximately 2500 cases may be pending consideration before the high court, at allahabad and lucknow. the total number of cases pending all over uttar pradesh would be approximately 6000.5. contempt action only acts as a deterrent in compromising public justice. the primary object before the court is not to permit the public justice system to be belittled as truth much prevail on all aspects and issues. undue and unwarranted interference with public justice and it does not matter who causes it must be questioned and without rank and file the person who occasions it must receive the judicial consideration of an order which meets the ends of public justice. the message is that a public justice court system is not meant to be fooled around with.6. rather than repeat the facts which ultimately led to the framing of the charges against the contemnor one h.n. singh, an assistant engineer with the housing board, it would be best that the entire proceedings of 20 october 1995 are reproduced as part of this order so that the cause and the result can be seen in continuity. the order of 20 october 1995 is, thus, reproduced : -- present:sri j.n. tiwari, senior advocate, instructed by shri rakesh tiwari, for the petitioner. shri keshari nath tripathi, senior advocate, assisted by shri pankaj mittal for respondents nos. 1 and 2, shri krishna prasad standing counsel for respondents nos. 3 and 4. the concerned officers as directed in the order are also present. upon hearing the learned counsel at some length and going through the record of the writ petition including the application and affidavit dated 25-7-1989 filed by the petitioner baij nath dubey and the counter-affidavit dated 16-7-1990 in reply filed by shri h.n. singh, the assistant engineer, u.p. avas evam vikas parishad at present posted at lucknow, it appears expedient in the interest of justice and for eradication of evil of perjury, to draw proceedings for contempt of courts against shri h.n. singh aforesaid. the following charge is accordingly framed:- that you shri h.n. singh, assistant engineer, u.p. avas evam vikas parishad at present posted in lucknow, while posted as assistant engineer, of the said parishad, in district ballia, during the pendency of the writ petition no. 9308 of 1984; baij nath dubey and ors. v. u.p. avas evam vikas parishad entered into and executed an agreement dated 13-3-1989 with petitioner no. 1 brij nath dubey, declaring that you were executing the agreement as representative under full authority of negotiation and settlement conferred upon you by the u.p. avas evam vikas parishad housing commissioner, lucknow, the contents of this are as below: -- agreement deedthe agreement between shri h.n. singh, assistant engineer, representative full authority, of negotiation and settlement given to him to enter into agreement by the u.p. avas evam vikas parishad housing commissioner, lucknow and shri baij nath dubey, resident and owner of the plots of land mentioned below. it is hereby written and agreed upon with the terms and conditions mentioned below, is made today the 13-3-1989.the plots of landi) plot nos. 99/1,94,95,90/2,91 and 92 which are under the possession of the owner shri baij nath dubey and which are under stay by the hon'ble high court of allahabad and for which no award lias been declared so far.ii) the avas vikas parishad, lucknow is going to construct colony known as 'harpur grihisthan yojna' in village harpur (ballia) and on this agreement, i, h.n. singh, assistant engineer, am making a private settlement on behalf of avas vikas parishad u.p. lucknow and the following terms and conditions are agreed upon regarding the scheme mentioned above and. the owner of the land which is not under the operation of the scheme so far.conditionsin khasra plot no. 94, the avas vikas parishad will not acquire and take possession of the land measuring 1152 sq. m. the land for houses, each measuring 12 x 24 sq. m. total area 4 x 288 - 1, 152 sq. m. on the eastern side apart from the 9 m. road to be constructe'd by the avas vikas parishad as per their scheme in the area of land and houses the 4 major children of sri baij nath dubey who have no houses, will construct houses of their own as owners in the aforesaid area. the existing two houses of sri baij nath debey in plot nos. 94 and 95 will be demolished and the materials thereof will be taken over by shri baij nath dubey.in khasra plot no. 96, the avas vikas parishad has already given award and possession taken over and developed and with roads in khasra plot nos. 96, in 5 no. plot of land each measuring 12 x 24 sq. m. grand total area 288 sq. m. grand total 288 x 5 = 1, 440. sq. m. these will be given and will be property of 5 children of sri baij nath dubey who have no houses of their own. they will construct houses in them. these plots of land will be in the western side of the plot no. 96 with road of 12 m. wide road on the western side and 9 m. wide road on the southern side road. no pay for this area will be charged from sri baij nath dubey as cost of land.iii) possession of rest of the land in the plots mentioned above will be taken over by the avas vikas parishad u.p. lucknow paying immediate price in each money to sri baij dubey at the rate given as per award of the district magistrate for the other lands in village (harpur) ballia under 'harpur grihsthan yojna' along with the interest up to date from 1980, the date of scheme published in the agreement gazette under section 28 of avas vikas parishad act at the rate of 12% per annum as given to other land owner plot 30% solatium on the award amount. the avas vikas parishad will also pay to sri baij nath dubey the compensation money for the land at the rate as given to other people who have approached court under section 18 of the land acquisition act and the amount of compensation increased thereby over and above the award given by the district magistrate will also be given to sri baij nath dubey for the lands mentioned above of which he was the owner. the avas vikas parishad will charg development money at the rate that comes for the development of the entire scheme at the proportionate rate of the scheme, when the scheme is complated as per the land which is developed and through this agreement is given to shri baij nath dubey for house construction will be given the development charge as betterment fee to avas vikas parishad.iv) if the land left over and being in possession of sri baij nath dubey is not developed, the avas vikas parishad will not claim any deveopment charge. the avas vikas parishad will pay prices and interest etc. before taking any action to acquire and take possession of the land from sri baij nath dubey under writ in the hon'ble high court of allahabad. any party breaching the terms and conditions of this agreement and withholding the payment account, each of them will be liable for criminal proceedings regarding the breach of the terms and conditions of the agreement and will also be liable for civil action for non-performance of the said terms and conditions of this agreement.the housing commissioner avas vikas parishad, u.p. lucknow has authorised sri h.n. singh, assistant engineer to enter into agreement for the land in (harpur was grihsthan yojna 'harpur' (ballia) to take land with private settlement of agreement with the land-owners irrespective of notification of acquisition of land. this agreement and settlement is being done by me under the authority given by the avas vikas parishad, u.p. lucknow as party to this agreement.a copy of this agreement will also be filed in the hon'ble high court of judicature at allahabad in writ petition -- sri baij nath dubey v. u.p. avas vikas parishad and ors. which is still pending, are final and full settlement of the matter and the hon'ble court will accept it as part of the decree of the said case.that on application dated 25-7-1989 supported by an affidavit filed by the petitioner baij nath dubey to dispose of the writ petition in terms of the agreement aforesaid you filed a counter-affidavit dated 16.-7-1990 in answer to the aforesaid writ petition to the following, effect: -- (a) it is stated that no agreement whatsoever was executed on behalf of the housing commissioner uttar pradesh avas evam vikas parishad.(b) nor any agreement was executed under any direction or orders from him by the assistantengineer shri hari narain singh.(c) the alleged agreement has been executed by shri hari narain singh without any authority or orders from the housing commissioner uttar pradesh avas evam vikas parishad.(d) that under the provisions of the uttar pradesh avas evam vikas parishad (delegation of powers) by the board and housing commissioner) rule 1968 no order for delegation of powers and duties have been made in favourof sri hari narain singh to execute the agreement for the release of the plots under acquisition.(f) that the alleged agreement dated 13-8-1989 was made under some misunderstand and due to misrepresentation and undue influence by hari narain singh, assistant engineer.that by the aforesaid act of retracting from the agreement and the making of averments contrary to it as in your counter-affidavit has the effect of a breach of undertaking, a violation of a guarantee to see a solution to a long pending litigation.you are therefore, called upon to show cause as to why you be not proceeded against and punished for contempt, first by giving an undertaking, acknowledging it and simultaneously withdrawing from it, all amount to contradiction, on the same record and falsehoods writ large on the face of record as ex. facie. break of an undertaking affects equity as an order of a court and falsehood is crime against public justice.on the aforesaid charge being read over and explained to, the contemnor he answers as under: -- i accept the facts stated in the charge as correct but pray for an opportunity to submit defence. list on 15-11-1995.dt. 20-10-1995.7. getting down straight to the business of the disease which occasioned contempt acting under consideration the court found that the delegation of powers is made so lightly at the housing board that it does not lend itself in showing confidence to the discharge of functions of the housing board. the court found that virtually every senior officer is in an ex officio capacity was on deputation from the service of the state of u.p. the allocation of the business of administration in so far as it relates to court matters, no responsibility lias been taken by the senior officers and they have readily passed the buck on their sub-ordi-nates. the first question, the court posed for itself was whether punishing one man in this case would remedy the ills as what happened in this case could happen in other courts.8. this aspect was drawn to the notice of the standing counsel for the housing board, in this case. the court expressed its serious concern that the housing board deals with real estate worth crores of rupees and was embroiled in litigation all over the state and it could ill afford in facing enquiries on filing incorrect and irresponsible affidavits and cluttering the record with contradictory statements. this wastes the time of the court. the only solution was that pleadings in court should see responsibility at the corporate offices of the housing board and should be monitored as a matter of policy by senior officers.9. in another matter of the housing board in three first appeals no. 39 of 1993, no. 40 of 1993 and no. 41 of 1993 pending at the high court, there was a direction to the housing board to deposit certain moneys as a consequence of land acquisition proceedings which deposit in any case has to be made as a statutory obligation under the land acquisition act, 1898, by the party, authority or state in whose benefit the acquisition is made. the housing board was not satisfied with the decision of the district judge in a reference and filed a first appeal before the high court. it applied and received an order but did not comply with the order which it had sought of ad interim deposits. recovery proceedings were initiated by the district magistrate and collector. the housing board filed a writ petition no. 7473 of 1994 to challenge the recovery proceedings; instead of going before the court which had entertain its first appeals and given on ad interim order for deposit. this in itself was a bad situation. this situation was also brought to the notice of counsel for the housing board in the present case and also to the notice of the chief standing counsel, u.p. a writ petition against the state by an agency of the state does not auger well. the situation became serious enough that the chairman of the housing board had to be informed as to what going on at the high court. the chairman is no other person but the chief secretary of the state. he acts as chairman in an ex officio capacity. the court is given to understand that the chief standing counsel, u.p. had serious discussions with the relevant officials of the state in so far as he is concerned including the chief secretary of the state. at present the housing commissioner is a very senior official in the rank of a secretary to the government.10. before the court is contempt action. it is criminal contempt. not only public justice was being compromised but the breach of law was occasioned. in criminal cases of corporate matters, to find the truth the principle of lifting the corporate veil of the personality of the corporation has been resorted to as an exercise by the court. recently the supreme court has reflected on this in the matter of delhi development authority v. skipper construction (p.) ltd., air 1996 sc 2005.11. todays proceedings have gone a long way in persuading the court that while the contemnor is not absolved from what he has done but he will be dealt with leniently. the court will revert to this aspect.12. today, in response to the court's concern, the chief standing counsel, m.p. had discussions with the housing commissioner, mr. mohinder singh, ias, and with the chief secretary, m.p. the court is intimated that the allocation of business in so far as it relates to the filing of the pleadings before the court has now seen a drastic change. affidavits which will, hereinafter, be filed will be sworn or affirmed by the senior officers and not by petty officials. a recently drawn circular of the housing board no. 1307, dated 17 september, 1996 in paragraph no. 2 specifically lays down the declaration of affirmation of affidavits and pleadings in court so as not to go below, the position of a deputy housing commissioner or the concerned executive engineer and in the eventuality of these two persons not being available, then an official of a higher rank.13. learned counsel for the contemnor mr. murlidhar, senior advocate did not qualify his argument by submitting that the guilt element whatever may be the acting of the contemnor is absent. the court can only say that in defence a qualified defence may be taken but it must meet with result. the present proceedings are criminal contempt. the only issue before the court is whether the proceedings in form have interfered with public justice. the answer to this is in the affirmative not negative. if the court were to look into the matter thread bare, then two conclusions are forthcoming (a) the contemnor signed an agreement to bind the housing board but violated the agreement by subsequently wringgling out of its and (b) the housing board is vicariously responsible.14. the record also reveals that at one stage this very contemnor brought this matter to the notice of the higher authorities. thereafter, the record is silent. would learned counsel for the contemnor require a proof of this? the court would readily enquire into this aspect. but, hereinafter it has come across the submission of counsel for the housing board and the chief standing counsel, u.p. accepting that there was something wrong in the delegation of the business of the housing board, in so far as it relates to making formal submissions before the court. the defect has been noticed and the aberration has been rectified. the court has placed on record that the primary concern of the court in this case was that this incident must not be repeated. with a disease being removed and the responsibility taken by the higher officials of the board being accepted the court, now in so far as the contemnor is concerned views this thus. what he did was wrong and incorrect. it does not matter as to who was behind it. he did erode the sanctity of court proceedings. the court does not propose to punish or convict him looking to the over all circumstances of the matter, but does admonish him and relieves him of the charge, as the court: has taken a broad view of the entire matter.15. the court appreciate the assistance rendered in the cause of public justice by the chief standing counsel, u.p. mr. prabodh gaur and counsel for housing board, mr. pankaj mittal, in attempting and succeeding to persuade the housing board to shift the responsibility of its actions and pleadings, when in litigation to higher ranks. this ought to go a long way to ensure that the defence and actions of the housing board will be of a policy.16. this contempt action is consigned after the contemnor, present in court, mr. h.n. singh, sought forgiveness on the action of perjury and an apology for the consequential contempt proceedings. the apology is accepted and pardon granted by the court.17. the proceedings are consigned.

Judgment:
ORDER

A.B. Srivastava, JJ.

1. At one stage parties to this case, both of them, gave the Court to understand that the issues were resolved by an agreement and compromise recorded and when the Court proceeded to consign the petition to the record as there is nothing left to decide with issues settled and compromised, the contesting respondent the Avas Evam Vikas Parishad, retracted from the agreement. It said that the officer who entered into the agreement was without authority to act. The official who signed the agreement retracted, to say that he had never been authorised to act. Unsettling settled issues or wrongfully settling issues without sanction both circumstances compromise and interfere with public justice. These! circumstances reflect on perjury and contempt to Court proceedings. Notice was issued to the official who retracted and to the organisation whose employee he was. The application of the petitioner that the matter had been settled remained pending on record since 1989.

2. A situation which was compromising with public justice saw the initiation of suo moto contempt proceedings against the official of the U.P. Avas Evam Vikas Parishad and notice to the Parishad. Before the Court, on record was a situation that on behalf of the Avas Evvam Vikas Parishad, hereinafter referred to as the Housing Board. At one stage, it was placed on record that there is an understanding by an agreement between the petitioner and the Housing Board which leaves no issues for the Court to examine. No soonor, the writ petition was being laid to rest, it was prevented from such an order because now the very official of the Housing Board who signed the agreement, contended that he had no authority to sign the agreement. There was no issue but in the net result, every issue stood facing the Court to be resolved by Hearing simultaneously this contempt action including the action for perjury.

3. In one case relating to the Housing Board, this Court noticed that the pleadings which were being placed in Court were affirmed by petty officials and the higher echelons of beauracracy were escaping and avoiding in affirming pleadings before the High Court. This reflected badly on the administrative set up and it amounted to an administration without obligations and responsibility.

4. Judging the present case in a total spectrum would have meant going into matters of perjury and criminal contempt. The crucial question before the Court was that the ills which occasioned the situation being identified and remedied and prevent the repetition of it. Primiarily this Gourt was concerned with large number of litigations pending at the High Court in which affidavits without responsibility may have been filed. Vicariously the Housing Board was obliged to answer misdemeanours at the hands of its representatives in Court. The Court was indicted by Standing Counsel of the Housing Board that approximately 2500 cases may be pending consideration before the High Court, at Allahabad and Lucknow. The total number of cases pending all over Uttar Pradesh would be approximately 6000.

5. Contempt action only acts as a deterrent in compromising public justice. The primary object before the Court is not to permit the public justice system to be belittled as truth much prevail on all aspects and issues. Undue and unwarranted interference with public justice and it does not matter who causes it must be questioned and without rank and file the person who occasions it must receive the judicial consideration of an order which meets the ends of public justice. The message is that a public justice Court system is not meant to be fooled around with.

6. Rather than repeat the facts which ultimately led to the framing of the charges against the contemnor one H.N. Singh, an Assistant Engineer with the Housing Board, it would be best that the entire proceedings of 20 October 1995 are reproduced as part of this order so that the cause and the result can be seen in continuity. The order of 20 October 1995 is, thus, reproduced : --

Present:

Sri J.N. Tiwari, Senior Advocate, instructed by Shri Rakesh Tiwari, for the petitioner. Shri Keshari Nath Tripathi, Senior Advocate, assisted by Shri Pankaj Mittal for respondents Nos. 1 and 2, Shri Krishna Prasad Standing Counsel for respondents Nos. 3 and 4. The concerned officers as directed in the order are also present. Upon hearing the learned counsel at some length and going through the record of the writ petition including the application and affidavit dated 25-7-1989 filed by the petitioner Baij Nath Dubey and the counter-affidavit dated 16-7-1990 in reply filed by Shri H.N. Singh, the Assistant Engineer, U.P. Avas Evam Vikas Parishad at present posted at Lucknow, it appears expedient in the interest of justice and for eradication of evil of perjury, to draw proceedings for contempt of Courts against Shri H.N. Singh aforesaid. The following charge is accordingly framed:- That you Shri H.N. Singh, Assistant Engineer, U.P. Avas Evam Vikas Parishad at present posted in Lucknow, while posted as Assistant Engineer, of the said Parishad, in District Ballia, during the pendency of the writ petition No. 9308 of 1984; Baij Nath Dubey and Ors. v. U.P. Avas Evam Vikas Parishad entered into and executed an agreement dated 13-3-1989 with petitioner No. 1 Brij Nath Dubey, declaring that you were executing the agreement as representative under full authority of negotiation and settlement conferred upon you by the U.P. Avas Evam Vikas Parishad Housing Commissioner, Lucknow, the contents of this are as below: --

AGREEMENT DEED

The agreement between Shri H.N. Singh, Assistant Engineer, Representative full authority, of Negotiation and settlement given to him to enter into agreement by the U.P. Avas Evam Vikas Parishad Housing Commissioner, Lucknow and Shri Baij Nath Dubey, resident and owner of the plots of land mentioned below. It is hereby written and agreed upon with the terms and conditions mentioned below, is made today the 13-3-1989.

THE PLOTS OF LAND

i) Plot Nos. 99/1,94,95,90/2,91 and 92 which are under the possession of the owner Shri Baij Nath Dubey and which are under stay by the Hon'ble High Court of Allahabad and for which no award lias been declared so far.

ii) The Avas Vikas Parishad, Lucknow is going to construct colony known as 'Harpur Grihisthan Yojna' in village Harpur (Ballia) and on this Agreement, I, H.N. Singh, Assistant Engineer, am making a private settlement on behalf of Avas Vikas Parishad U.P. Lucknow and the following terms and conditions are agreed upon regarding the scheme mentioned above and. the owner of the land which is not under the operation of the scheme so far.

CONDITIONS

In Khasra plot No. 94, the Avas Vikas Parishad will not acquire and take possession of the land measuring 1152 Sq. M. The land for houses, each measuring 12 x 24 Sq. M. total area 4 x 288 - 1, 152 Sq. M. on the eastern side apart from the 9 M. road to be constructe'd by the Avas Vikas Parishad as per their scheme in the area of land and houses the 4 major children of Sri Baij Nath Dubey who have no houses, will construct houses of their own as owners in the aforesaid area. The existing two houses of Sri Baij Nath Debey in plot Nos. 94 and 95 will be demolished and the materials thereof will be taken over by Shri Baij Nath Dubey.

In Khasra plot No. 96, the Avas Vikas Parishad has already given Award and possession taken over and developed and with roads in Khasra plot Nos. 96, in 5 No. plot of land each measuring 12 x 24 Sq. M. grand total area 288 Sq. M. grand total 288 x 5 = 1, 440. Sq. M. These will be given and will be property of 5 children of Sri Baij Nath Dubey who have no houses of their own. They will construct houses in them. These plots of land will be in the western side of the plot No. 96 with road of 12 M. wide road on the western side and 9 M. wide road on the southern side road. No pay for this area will be charged from Sri Baij Nath Dubey as cost of land.

iii) Possession of rest of the land in the plots mentioned above will be taken over by the Avas Vikas Parishad U.P. Lucknow paying immediate Price in each money to Sri Baij Dubey at the rate given as per Award of the District Magistrate for the other lands in village (Harpur) Ballia under 'Harpur Grihsthan Yojna' along with the interest up to date from 1980, the date of scheme published in the agreement Gazette under Section 28 of Avas Vikas Parishad Act at the rate of 12% per annum as given to other land owner plot 30% solatium on the Award amount. The Avas Vikas Parishad will also pay to Sri Baij Nath Dubey the compensation money for the land at the rate as given to other people who have approached Court under Section 18 of the Land Acquisition Act and the amount of compensation increased thereby over and above the award given by the District Magistrate will also be given to Sri Baij Nath Dubey for the lands mentioned above of which he was the owner. The Avas Vikas Parishad will charg development money at the rate that comes for the development of the entire scheme at the proportionate rate of the scheme, when the scheme is complated as per the land which is developed and through this agreement is given to Shri Baij Nath Dubey for house construction will be given the development charge as Betterment Fee to Avas Vikas Parishad.

iv) If the land left over and being in possession of Sri Baij Nath Dubey is not developed, the Avas Vikas Parishad will not claim any deveopment charge. The Avas Vikas Parishad will pay prices and interest etc. before taking any action to acquire and take possession of the land from Sri Baij Nath Dubey under writ in the Hon'ble High Court of Allahabad. Any party breaching the terms and conditions of this agreement and withholding the payment account, each of them will be liable for criminal proceedings regarding the breach of the terms and conditions of the agreement and will also be liable for civil action for non-performance of the said terms and conditions of this agreement.

The Housing Commissioner Avas Vikas Parishad, U.P. Lucknow has authorised Sri H.N. Singh, Assistant Engineer to enter into agreement for the land in (Harpur was Grihsthan Yojna 'Harpur' (Ballia) to take land with private settlement of agreement with the land-owners irrespective of Notification of acquisition of land. This agreement and settlement is being done by me under the authority given by the Avas Vikas Parishad, U.P. Lucknow as party to this agreement.

A copy of this agreement will also be filed in the Hon'ble High Court of Judicature at Allahabad in writ petition -- Sri Baij Nath Dubey v. U.P. Avas Vikas Parishad and Ors. which is still pending, are final and full settlement of the matter and the Hon'ble Court will accept it as part of the decree of the said case.

That on application dated 25-7-1989 supported by an affidavit filed by the petitioner Baij Nath Dubey to dispose of the writ petition in terms of the agreement aforesaid you filed a counter-affidavit dated 16.-7-1990 in answer to the aforesaid writ petition to the following, effect: --

(a) It is stated that no agreement whatsoever was executed on behalf of the Housing Commissioner Uttar Pradesh Avas Evam Vikas Parishad.

(b) Nor any agreement was executed under any direction or orders from him by the Assistant

Engineer Shri Hari Narain Singh.

(c) The alleged agreement has been executed by Shri Hari Narain Singh without any authority or orders from the Housing Commissioner Uttar Pradesh Avas Evam Vikas Parishad.

(d) That under the provisions of the Uttar Pradesh Avas Evam Vikas Parishad (Delegation of Powers) by the Board and Housing Commissioner) Rule 1968 no order for delegation of powers and duties have been made in favourof Sri Hari Narain Singh to execute the agreement for the release of the plots under acquisition.

(f) That the alleged agreement dated 13-8-1989 was made under some misunderstand and due to misrepresentation and undue influence by Hari Narain Singh, Assistant Engineer.

That by the aforesaid act of retracting from the agreement and the making of averments contrary to it as in your counter-affidavit has the effect of a breach of undertaking, a violation of a guarantee to see a solution to a long pending litigation.

You are therefore, called upon to show cause as to why you be not proceeded against and punished for contempt, first by giving an undertaking, acknowledging it and simultaneously withdrawing from it, all amount to contradiction, on the same record and falsehoods writ large on the face of record as ex. facie. Break of an undertaking affects equity as an order of a Court and falsehood is crime against public justice.

On the aforesaid charge being read over and explained to, the contemnor he answers as under: --

I accept the facts stated in the charge as correct but pray for an opportunity to submit defence. List on 15-11-1995.Dt. 20-10-1995.

7. Getting down straight to the business of the disease which occasioned contempt acting under consideration the Court found that the delegation of powers is made so lightly at the Housing Board that it does not lend itself in showing confidence to the discharge of functions of the Housing Board. The Court found that virtually every senior officer is in an ex officio capacity was on deputation from the service of the State of U.P. The allocation of the business of administration in so far as it relates to Court matters, no responsibility lias been taken by the Senior Officers and they have readily passed the buck on their sub-ordi-nates. The first question, the Court posed for itself was whether punishing one man in this case would remedy the ills as what happened in this case could happen in other Courts.

8. This aspect was drawn to the notice of the Standing Counsel for the Housing Board, in this case. The Court expressed its serious concern that the Housing Board deals with real estate worth crores of rupees and was embroiled in litigation all over the State and it could ill afford in facing enquiries on filing incorrect and irresponsible affidavits and cluttering the record with contradictory statements. This wastes the time of the Court. The only solution was that pleadings in Court should see responsibility at the corporate offices of the Housing Board and should be monitored as a matter of policy by Senior Officers.

9. In another matter of the Housing Board in three First Appeals No. 39 of 1993, No. 40 of 1993 and No. 41 of 1993 pending at the High Court, there was a direction to the Housing Board to deposit certain moneys as a consequence of land acquisition proceedings which deposit in any case has to be made as a statutory obligation under the Land Acquisition Act, 1898, by the party, authority or State in whose benefit the acquisition is made. The Housing Board was not satisfied with the decision of the District Judge in a reference and filed a First Appeal before the High Court. It applied and received an order but did not comply with the order which it had sought of ad interim deposits. Recovery proceedings were initiated by the District Magistrate and Collector. The Housing Board filed a Writ Petition No. 7473 of 1994 to challenge the recovery proceedings; instead of going before the Court which had entertain its First Appeals and given on ad interim order for deposit. This in itself was a bad situation. This situation was also brought to the notice of counsel for the Housing Board in the present case and also to the notice of the Chief Standing Counsel, U.P. A writ petition against the State by an agency of the State does not auger well. The situation became serious enough that the Chairman of the Housing Board had to be informed as to what going on at the High Court. The Chairman is no other person but the Chief Secretary of the State. He acts as Chairman in an ex officio capacity. The Court is given to understand that the Chief Standing Counsel, U.P. had serious discussions with the relevant officials of the State in so far as he is concerned including the Chief Secretary of the State. At present the Housing Commissioner is a very senior official in the rank of a Secretary to the Government.

10. Before the Court is contempt action. It is criminal contempt. Not only public justice was being compromised but the breach of law was occasioned. In criminal cases of corporate matters, to find the truth the principle of lifting the corporate veil of the personality of the corporation has been resorted to as an exercise by the Court. Recently the Supreme Court has reflected on this in the matter of Delhi Development Authority v. Skipper Construction (P.) Ltd., AIR 1996 SC 2005.

11. Todays Proceedings have gone a long way in persuading the Court that while the contemnor is not absolved from what he has done but he will be dealt with leniently. The Court will revert to this aspect.

12. Today, in response to the Court's concern, the Chief Standing Counsel, M.P. had discussions with the Housing Commissioner, Mr. Mohinder Singh, IAS, and with the Chief Secretary, M.P. The Court is intimated that the allocation of business in so far as it relates to the filing of the pleadings before the Court has now seen a drastic change. Affidavits which will, hereinafter, be filed will be sworn or affirmed by the senior officers and not by petty officials. A recently drawn circular of the Housing Board No. 1307, dated 17 September, 1996 in paragraph No. 2 specifically lays down the declaration of affirmation of affidavits and pleadings in Court so as not to go below, the position of a Deputy Housing Commissioner or the concerned Executive Engineer and in the eventuality of these two persons not being available, then an official of a higher rank.

13. Learned counsel for the contemnor Mr. Murlidhar, Senior Advocate did not qualify his argument by submitting that the guilt element whatever may be the acting of the contemnor is absent. The Court can only say that in defence a qualified defence may be taken but it must meet with result. The present proceedings are criminal contempt. The only issue before the Court is whether the proceedings in form have interfered with public justice. The answer to this is in the affirmative not negative. If the Court were to look into the matter thread bare, then two conclusions are forthcoming (a) the contemnor signed an agreement to bind the Housing Board but violated the agreement by subsequently wringgling out of its and (b) the Housing Board is vicariously responsible.

14. The record also reveals that at one stage this very contemnor brought this matter to the notice of the higher authorities. Thereafter, the record is silent. Would learned counsel for the contemnor require a proof of this? The Court would readily enquire into this aspect. But, hereinafter it has come across the submission of counsel for the Housing Board and the Chief Standing Counsel, U.P. accepting that there was something wrong in the delegation of the business of the Housing Board, in so far as it relates to making formal submissions before the Court. The defect has been noticed and the aberration has been rectified. The Court has placed on record that the primary concern of the Court in this case was that this incident must not be repeated. With a disease being removed and the responsibility taken by the higher officials of the Board being accepted the Court, now in so far as the contemnor is concerned views this thus. What he did was wrong and incorrect. It does not matter as to who was behind it. He did erode the sanctity of Court proceedings. The Court does not propose to punish or convict him looking to the over all circumstances of the matter, but does admonish him and relieves him of the charge, as the Court: has taken a broad view of the entire matter.

15. The Court appreciate the assistance rendered in the cause of Public justice by the Chief Standing Counsel, U.P. Mr. Prabodh Gaur and counsel for Housing Board, Mr. Pankaj Mittal, in attempting and succeeding to persuade the Housing Board to shift the responsibility of its actions and pleadings, when in litigation to higher ranks. This ought to go a long way to ensure that the defence and actions of the Housing Board will be of a policy.

16. This contempt action is consigned after the contemnor, present in Court, Mr. H.N. Singh, sought forgiveness on the action of perjury and an apology for the consequential contempt proceedings. The apology is accepted and pardon granted by the Court.

17. The proceedings are consigned.