Court Finds No Grounds for Contempt as Construction Matter Awaits Final Decision in Writ Court
In a significant ruling, the Allahabad High Court, presided over by Justice Rohit Ranjan Agarwal, dismissed a contempt application filed against Narayan and 71 others concerning the ongoing construction of an elevated corridor on disputed land. The judgment, delivered on March 9, 2026, found no grounds for contempt as the primary issue remains under consideration in the writ Court.
The contempt application was initiated against the applicants for allegedly violating an interim order dated April 11, 2013, which explicitly prohibited any construction or creation of third-party rights on the disputed land. The elevated corridor, part of a government infrastructure project, is being constructed on land that has reportedly been encroached upon by the applicants.
During the proceedings, Chief Standing Counsel Bipin Bihari Pandey highlighted that despite the writ Court's interim order, the applicants proceeded with construction activities. Of the 25 pillars necessary for the elevated corridor, 12 have already been erected, and the complete layout plan of the road was presented to the Court.
However, Justice Agarwal concluded that since the underlying matter is still pending a final decision in the writ Court, the present application for contempt cannot be sustained. The Court noted that the instructions received clarified that the constructions in question were undertaken post-2013, contravening the writ Court's directives.
The ruling underscores the complexity of legal proceedings involving public infrastructure projects and land disputes. It also highlights the judiciary's cautious approach in addressing contempt applications, especially when the core issues are yet to be resolved in the primary legal forum.
Bottom Line:
Contempt of Court - Construction raised by applicants against the interim order passed by the writ Court prohibiting construction over disputed land - Elevated corridor being constructed on Government land where applicants have encroached - No case for contempt made out as matter is still pending consideration before writ Court.
Statutory provision(s): Contempt of Court Act
Narayan v. S. Rajalingam, Commissioner Varanasi, (Allahabad) : Law Finder Doc id # 2864655
