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IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

CONTEMPT PETITION (CIVIL) NO. 1041 OF 2018

IN

SPECIAL LEAVE PETITION (CIVIL) NO.  26845   OF 2017

MANASH MOHAN CHATTERJEE ANR ANR.  ...... Petitioners

VERSUS

Y. RATNAKAR RAO AND ORS.         .....Respondent/                                                                                          Alleged Contemnors

ORDER

1. This  Contempt  Petition  has  been  initiated  against  the

respondents/alleged Contemnors for deliberate and wilful violation

of  the  order  dated  27-10-2017  passed  by  this  Hon.  Court  in

SLP(C) No. 26845 of 2017.

2.  The Brief facts which are necessary for adjudicating the dispute

involved  in  the  present  Contempt  Petition  in  a  nutshell  are  as

follows:  The  father  of  Contempt  Petitioners  (Predecessor  in

interest) i.e. Sumohan Chatterjee, since deceased, was the owner

of land in question ad-measuring 2 Bighas 7 Cottas 1 Chittacks

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bearing number 5K 333 within the Mouza Kasba, District - South

24 Parganas. In the year 1983, the said Sumohan Chatterjee the

father  of  Contempt  Petitioners  died.  In  the  year  1999,  the

Contempt  Petitioners  having  come  to  know  that  the  aforesaid

property  was  acquired  by  the  State,  approached  the  State

Authorities, wherein it was declared that the property was acquired

by the State and compensation was duly paid.    

3. The Contempt Petitioners filed title suit being T.S. No. 117 of 2004

stating that they have neither received any notice of acquisition nor

has been paid compensation by the State. The suit was dismissed

vide order dated 30-06-2011.

4. The Contempt Petitioners then filed Title Appeal No. 235 of 2011

before Additional district Judge and the same was allowed vide its

order dated 29-6-2013, entitling mandatory injunction and holding

that the Contempt Petitioners do get a decree of declaration of title

and recovery of the possession in respect of the suit land.  The

respondents were permanently restrained from making any other

construction on the suit land and directed to vacate the suit land

and to give khash possession to the Contempt Petitioners within

two months.

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5. Thereafter, Contempt Petitioners filed WP No. 21429(w) of 2014

before High Court seeking a writ of Mandamus against the State

alleging  therein  that  it  was  impossible  to  execute  the  decree

passed  in  Title  Appeal  No.  235  of  2011  and  to  recover

Possessions because of massive construction has taken place in

the property by the government and also having transferred same

to the Institute of Nuclear Physics.

6. Learned. Single Judge vide order dated 02-06-2015 allowed the

writ  petition  holding  that  properties  belonging  to  the  contempt

petitioners were never acquired and the same has been taken over

by the State authorities without following due process. The High

Court  further  directed  to  the  State  Authorities  to  acquire  the

property  of  the  contempt  petitioners  following  the  relevant

provisions of  law and to  pass an award and make payment  of

compensation within period of six months.   

7. Aggrieved by that, State went in appeal being MAT No. 347/2016

before division bench of High Court and on 21-08-2017, Division

Bench confirmed the order of the Single Judge and directed the

completion of  acquisition proceedings before 31-12-2017 and in

default for each day respondents shall pay compensation of Rs.

50,000/-  to the contempt petitioners.

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8. Being  Aggrieved,  State  appealed  before  this  Court  by  way  of

SLP(C) No. 26845 of 2017 wherein this Court vide order dated 27-

10-2017, while dismissing the SLP,  inter-alia  passed the following

order.

“  ......However,  learned  Senior  counsel appearing for the State makes a request that for  compliance  of  the  order,  time  may  be granted at least for a period of four months.          As prayed, four months' time is granted to comply the order.”

9. It  is stated by the Contempt Petitioners that on 23-02-2018, the

Additional Land Acquisition Officer sent a letter stating therein that;

            “.... we have taken necessary steps and sought  approval  from the concerned authority for payment of compensation by way of direct purchase policy as laid down in G.O. No. 756- LP dated 25-02-2016 and it is learnt from your letter that Sumohan Chatterjee died on 28-10- 2017, therefore you are requested to submit the succession certificate by 26-10-2018. In respect of the legal heirs of Late Sumohan Chatterjee for taking further necessary action regarding the payment of compensation. ”

10.In  the  instant  Contempt  Petition,  it  is  stated  by  the  Contempt

Petitioners  that  there  is  no  question  of  applying  any  purchase

policy of the state Government in the instant case as the direction

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of  the  Hon’ble  Division  Bench  is  to  acquire  and  complete  the

acquisition  by  making  an  award  and  to  make  payment  of

compensation.  

11. This  Hon.  Court  vide  its  order  dated  11-05-2018  issued

notice  returnable  in  four  weeks in  the instant  contempt  petition.

Thereafter, matter came up on 02-07-2018, when this Court’s inter-

alia passed the following order.

“.......Learned  Senior  counsel  appearing  for alleged  contemnor  has  submitted  that  the Additional Land Acquisition Officer has issued a letter dated 23-2-2018 addressed to the learned Advocate of the petitioners indicating therein that they  have  taken  approval  from  the  concerned authority for payment of compensation by way of direct  purchase  policy  and  the  method  of calculating the compensation amount and paying the same. Mr. Ajit Kumar Sinha, learned Senior counsel  appearing  for  the  petitioners,  on  the other hand, submits that he is not willing for that. However,  learned  Senior  counsel  has  made  a calculation  sheet  of  compensation  which  was handed  over  to  the  learned  Senior  counsel appearing for  the State  in  the Court  today.  As prayed by the learned Senior counsel appearing for the respondents, two weeks’ time is granted to file comprehensive affidavit in the matter. List the matter after two weeks.”

12. Thereafter, matter again came up on 20-07-2018, when this

Court inter-alia passed the following order.

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“......learned counsel appearing for the State has handed  over  the  demand  draft  of  Rs. 7,82,77,387/- (Rupees Seven Crore Eighty Two Lakh Seventy Seven Thousand Three Hundred and Eighty  Seven only)  in  favour  of  Registrar, Supreme Court of India payable at New Delhi.             Let this amount be kept in an interest bearing short term fixed deposit of a Nationalised Bank.            List this matter after four weeks.”

13.Today,  we have heard learned senior  counsel  for  the parties  at

length and perused the material placed before us.

14.Mr. Anand Grover, learned senior counsel appearing for the State

vehemently  contended and submitted  that  the  land  has  already

been  acquired  once  and  compensation  is  paid.   Second  time

compensation is  contrary to public interest.   Apart  from that,  he

contends that the State has filed a second appeal before the High

Court  of  Calcutta  contending  therein  that  the  land  has  been

acquired  and  compensation  is  paid.  The  second  appeal  is  still

pending.   Without  adjudicating  the  second  appeal,  the  money

cannot be paid to the petitioners.

15.On the  other  hand,  Mr.  Jaideep  Gupta,  learned  senior  counsel

appearing on behalf of the contempt petitioners submits that the

other  party  i.e.  Kolkata  Metropolitan  Development  Authority

(hereinafter referred to as KMDA) has challenged the order passed

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by the Additional District Judge subsequently in second appeal and

thereafter, filed a special leave petition, which was withdrawn by

them.  State is also party to the said litigation.  Now they cannot

take such a plea in the contempt proceedings.

16.Apart from that, it is submitted that the learned Single Judge in the

Writ  Petition  as  well  as  the  Division  Bench  subsequently  given

categorical finding that no acquisition has taken place.  It is also a

matter  of  fact  that  subsequently  after  dismissal  of  the  present

special  leave petition,  even the contempt proceedings are going

on. So far, State has not passed any Award in accordance with the

directions given by the High Court.   

17.Hence,  we  direct  the  State  Government  to  pass  an  Award  in

accordance with law, as per the directions of the High Court, within

a period of four weeks’ from the date of receipt of copy of this order

and thereafter,  the compensation should  be paid  in  accordance

with the said Award, subject to procedure and law.

18.Taking into consideration the facts and circumstances of the case

and basing on the dismissal of the special leave petition, learned

senior counsel for the respondent – State made a request that this

order should not prejudice its rights in the second appeal.   

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19.We request the High Court that if any second appeal is pending,

that may be considered on its own merits, in accordance with law.

20.The contempt petition is, accordingly, disposed of.          

...................................J.

(N.V. RAMANA)

......................................................J.

   (MOHAN M. SHANTANAGOUDAR)

New Delhi, November 13, 2018