Justice Ram Mohan Reddy had issued the NBW on July 16, being dissatisfied by the chief secretary’s explanation for not complying with a court directive issued in September 2006.
The court directive had followed a Government undertaking to file a review petition against a court order concerning some unauthorised constructions in Kodigehalli.
While recalling the NBW on Wednesday, the judge again directed the chief secretary to file an explanation as to why action should not be taken against him for non-compliance of its directive.
Background
A 2001 writ petition by one Kavitha, a resident of a house forming part of the unauthorised constructions in Balaji Layout, Kodigehalli had sought the Court to direct the State government to consider her application for regularisation of occupation. In response to it, the Government had stated that a HC Division Bench (DB) order passed earlier in 1993 had directed eviction of all unauthorised constructions in the area.
It had also stated that the Government was unable to carry out the evictions as there were 90-95 per cent unauthorised constructions in the area and hence was contemplating to seek a review of the DB order.
On Sept 26, 2006, then Chief Secretary B K Das had filed an affidavit in this regard and the court had issued a direction to do so, expeditiously, having regard to the problem of the petitioner and other similarly placed people. But, the Government had been delaying the process of filing the review petition. On June 26, Revenue Department Under Secretary had filed an affidavit explaining that the delay was due to misplacing of files in the advocate general’s office and sought some more time. Irked by this, the court had sought the State chief secretary to explain as to why action should not be initiated against him for non-compliance of court directions.
When the court perused the chief secretary’s affidavit on July 16, it found it vague, and disappointed with the same, it issued the NBW for securing chief secretary’s presence at the hearing on July 23.