HYDERABAD, Aug 31: A division bench of the Sindh High Court, Hyderabad circuit, on Tuesday decided to frame charge in a case relative to acquisition of farmers' land against the deputy district officer , revenue, Kotri, for wilfully flouting an order of the court.

The SHC bench, comprising Justice Attaur Rehman and Justice Amir Hani Muslim, refused to accept an unconditional apology tendered by the the DDO, Sohail Adeeb Bachani, describing it as mere eyewash.

Adjourning the matter for September 7, the court ordered that a charge would be framed against the DDO on the date when he would be in attendance with a surety of Rs10,000. The court passed the order during hearing of a petition filed by Ahmed Khaskheli and six other farmers in a land acquisition matter.

While disposing of the petition, the court had passed a consent order, directing the DDO to process petitioners' application under section 18 of the Land Acquisition Act 1894 in accordance with law and send a reference to the referee court concerned within tow weeks. The compensation amount would be deposited with the court, it ordered.

According to petitioners' counsel Ghulam Rasool Qureshi, land of Khatedars including petitioners had been obtained for defence purpose and notification under section 4 of the Land Acquisition Act 1894 published in the Sindh government gazette on Jan 1, 2002 followed by another notification under section 6 of the Land Acquisition Act and possession of land had been obtained on May 15, 2002.

The award for an amount of Rs180 million under section 11 of the Land Acquisition Act was passed on Nov 12, 2003 and it was lying with the DDO. It was mandatory for the respondent under section 12(2) of the Land Acquiosiyion Act 1894 to issue immediate notice to land owners, asking them to collect compensation amount, but it was not done.

Likewise, it was also mandatory to deposit entire compensation amount in the court of the additional district judge, Kotri, the counsel said and added that by not depositing the amount in the court, the DDO had burdened defence forces with a payment of Rs12,000 per day.

The DDO had also failed to make reference to the court on petitioners' repeated applications although he was bound to pay compensation of lands to them before taking possession of lands, he said.

The counsel stated that petitioners could not afford illegal expenses, required to be incurred in getting compensation from the DDO, which were more than on third of compensation amount.

He prayed the court to direct the respondent to deposit the compensation money in the court and make reference under section 18 of the Act before the said judge.

On July 13, the DDO did not deny that the April 7 order was not complied by him to date and attempted to justify defiance of the order. The court issued him a show-cause notice, calling for a reply within two weeks.

On Tuesday, the DDO tendered apology, saying that he had processed petitioners' applications, referred the same to the assistant district judge and requested the district accounts officer of Dadu to transfer the awarded amount to the account of the judge.

He sought condonation of delay in compliance of the order. The court described apology as incorrect, saying that it did not reflect compliance of the court's order. It observed that the DDO had not sent the reference of petitioner-4, Rahim Bux.

"Mere tendering unconditional apology after wilful defiance of order will not oblige the court to exonerate alleged contemnor from being prosecuted under Article 204 of the Constitution," it observed.