NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3990 OF 2009  

STATE OF JHARKHAND & ORS. …..              APPELLANT(S)

VERSUS

GOPAL PRASAD MANDAL …..          RESPONDENT(S)

J U D G M E N T

SANJIV KHANNA, J.

Present appeal by the State of Jharkhand is directed against

the order dated 27.08.2008 passed by the High Court of Jharkhand in

Contempt Case (Civil) No. 43 of 2008 titled Gopal Prasad Mandal v.

The State of Jharkhand and Others, inter alia directing as under:

“Since the land in question is still  without a road, we find substance in the plea of the petitioner in this contempt  petition.   Although  the  respondents  might have constructed the road elsewhere, they were duty bound to construct the road on the land in regard to which the order was passed. Hence, the respondents are directed to comply the order  dated 9.5.2007 and inform this  Court  within a period of  one month as to what  steps  have  been  taken  for  construction  of  the road in pursuance to the order dated 09.5.2007.

The  counsel  for  the  respondents  raised  on objection that  the order  sought  to  be complied does not indicate any specific land on which the road had to be constructed.

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In  our  view,  the  order  which  is  sought  to  be complied in terms of the order of the writ petition and the land on which the road was to be constructed has specifically  been  indicated.   Hence,  the  Counsel  for the Respondents shall  explain it  to the respondents– authorities regarding the identification of  the land on which  the  road  was  to  be  constructed.   Thus,  the objection  raised  has  no  substance  and  hence  it  is rejected.

Let this matter be listed again on 24 th September, 2008.”

2. This  Court  by  order  dated  17.11.2008  had  issued  notice  on  the

Special Leave Petition filed by the State of Jharkhand with a direction

to file a counter affidavit  and the contempt proceedings before the

High Court were stayed until further orders.  The matter has remained

pending since then.

3. Contempt proceedings arise from Public Interest Writ Petition (C) No.

6956 of 2006 that were filed before the High Court of Jharkhand with

the following prayers:  

“(i) Issuance  of  appropriate  order(s)  and/or  direction(s) upon the respondents to show cause as to why and under  what  compelling  circumstances,  the respondents  have  till  date  not  constructed  the approach  road  connecting  village  “Koradih”  under Circle  Sarwan,  P.O.  Sabejor,  P.S.  Sarwan,  Sub- Division  and  district  Deoghar  to  the  “Deoghar  – Madhupur”  Main  Road  which  would  facilitate  and benefit  more  than  10,000/-  villagers  of  neighbouring more than 15 villages in transportation and movement to  the  nearest  market,  main  town  and  district headquarters  as  well  as  enable  them to  avail  better medical facility in Sadar Hospital at Deoghar Town and other well equipped private hospitals and for which the respondents have already acquired 13 decimal of land under due process of law vide L.A. Case No. 11/2003

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– 04 as far back as in 2004 when construction of said approach road was duly sanctioned.

(ii) For issuance of appropriate order(s) and/or direction(s) upon the respondents to construct and build the said approach  road  connecting  village  Koradih  to  the Deoghar – Madhupur Main Road in right  earnest  on the stretch of land measuring 13 decimals of plot No.3, J.B. No. 5, Thana No.243 village Koradih under Sarath Block,  district  Deoghar  acquired  vide  L.A.  Case  No. 11/2003-04 and duly sanctioned in the year 2004.

(iii) for any other relief(s) as the petitioner may be found entitled in law.”

Grievance  raised  in  the  Writ  Petition  was  concerning  delay  in

construction of the approach road connecting village Koradih located

in  Deoghar  District  with  the  Deoghar-Madhupur  main  road,

inconveniencing  more  than  10,000  villagers  belonging  to  over  15

neighbouring villages. It was alleged that private land admeasuring

13  decimals  had  been  acquired  in  2004  for  constructing  the

connecting road.   

4. The High Court vide order dated 17.04.2007 in this PIL had directed

the Deputy Commissioner,  Deoghar to file  an undertaking giving a

time frame for completing the construction of the road.  Accordingly,

supplementary affidavit dated 09.05.2007 was filed by the Additional

Collector, Deoghar on behalf of the Deputy Commissioner, Deoghar

wherein he had given an assurance and commitment that the road

shall  be  completed  within  five  or  six  months  after  removing

encroachment, etc. Thereupon, the writ petition was disposed of vide

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order  dated  09.05.2007  of  the  High  Court  directing  that  the

construction of the road in question will be completed within five or

six months.  

5. The  respondent  had  thereafter  initiated  contempt  proceedings

contending that the appellant authorities had not complied with the

High  Court  order  dated  09.05.2007  as  they  had  constructed  the

connecting road on an alternate land, and not on the private land of

13 decimals acquired for this purpose.  

6. In response, the appellant authorities had filed an affidavit stating that

in  light  of  the  aforesaid  High  Court  order,  the  matter  had  been

considered and an enquiry was made by the Sub-Divisional Officer,

Madhupur at the instance of the then Deputy Commissioner, Deoghar

as  there  was  resistance  and  agitation  by  some  villagers  against

acquisition  of  13  decimals  of  land.  Land  owners  had  refused  to

accept  payment.  Accordingly,  a  proposal  had  been  sent  by  the

Deputy  Commissioner  to  the  appropriate  authority  of  the  Revenue

Department for withdrawal of the emergent acquisition proceedings.

To resolve the multiple opposing concerns,  the Additional Collector

along with the Deputy Commissioner, Deoghar and Circle Officer of

Sarwan Block and Circle Officer of Sarath Block had persuaded the

villagers  that  an  existing  rural  path  would  be  converted  into  a

motorable road. Accordingly, within the time frame mentioned in the

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supplementary affidavit,  encroachments made by the inhabitants of

the  villages  were  removed,  and  an  alternative  approach  road

admeasuring  700  feet  approximately  in  length  was  constructed

connecting  the  village  Koradih  with  the  Deogarh-Madhupur  main

road.  The road, if  constructed on 13 decimals of land would have

been about 300 feet in length. The difference in length being about

400 feet would clearly show that the change was marginal and was

not inconvenient. In any case, it was acceptable to the villagers.

7. In view of the explanation given by the authorities and also the fact

that the road had been constructed, we do not see any good ground

and reason for the High Court to have passed the impugned order

and directions.   The object  behind the PIL was to ensure that  the

connected road is  constructed,  which has been constructed timely

though at a location different to the original in view of the settlement

amongst the villagers. We do not think the order dated 09.05.2007

passed in the PIL should be read strictly in a pedantic manner to be

construed as a direction that the road had to be constructed at one

particular location. Road was to be constructed for the benefit of the

villagers  for  which  the  authorities  had  taken  steps  in  view  of  the

grievances of the villagers and an amicable solution after discussion

was found and accepted.   

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8. Though one would agree that in case of doubt, the authorities should

have approached the court for clarification and appropriate directions,

albeit this failure would not justify contempt of the court proceedings.

In fact, there is compliance of the court’s directions without the matter

getting escalated and the controversy was resolved.  Recording the

aforesaid, we allow the present appeal and set aside and quash the

order dated 27.08.2008 and the contempt proceeding in Contempt

Case (Civil) No. 43 of 2008.  We clarify that we have not commented

on the land acquisition proceedings in respect of the 13 decimals of

land.   

No costs.      

......................................J.  (INDU MALHOTRA)

......................................J.  (SANJIV KHANNA)

NEW DELHI; August 14, 2019.

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