Bombay High Court
Late Mahatarba Vithu Dangale Thr Lrs. ... vs Shri. Vijay Deshmukh And Others on 13 February, 2023
Bench: R.D.Dhanuka, M.M.Sathaye
5 cp 89-23=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 89 OF 2023
Late Mahatarba Vithu Dangale
thr. Lrs. Shri. Vitthal Mhatarba Dangale ..Petitioner
V/s.
Vijay Deshmukh, Additional
Collector and Ors. ..Respondents
----
Mr. Sanjiv Sawant a/w A.P. Deshmukh, Mr. D.A. Palande Ms.
Bhakti Wast for the Petitioner.
Mr. Rajan Pawar a/w Mrs. M.S. Bane, AGP for the
Respondent/State.
----
CORAM : R.D.DHANUKA, AND
M.M.SATHAYE, JJ.
DATE : 13th FEBRUARY 2023 P.C. . The Petitioner seeks an action under provisions of the Contempt of Court Act against the Respondent Nos. 1 to 3 for committing contempt of order dated 28.02.2013 in Writ Petition No. 6121 of 2011 and the order dated 07.04.2022 passed by this Court in Contempt Petition No. 08 of 2021 and other connected Contempt Petitions.
2. Mr. Sawant, learned Counsel for the Petitioner invited our attention to the aforesaid order dated 28.02.2013 passed by the Division Bench of this Court in aforesaid Writ Petition with Sneha Chavan page 1 of 7 ::: Uploaded on - 20/02/2023 ::: Downloaded on - 04/06/2023 13:26:44 ::: 5 cp 89-23=.doc companion writ petitions, directing the Respondent No.2 therein to examine the cases of the Petitioner and whether the Petitioners were Project Affected Persons and whether they were entitled to acquire land under the provisions of the Maharashtra Project Affected Person Rehabilitation Act, 1999. This Court issued various directions under the said order. The Respondents did not comply with the said order passed by this Court. The Petitioner then filed aforesaid Contempt Petition along with companion petitions. By an order dated 09.07.2021 passed therein, this Court observed that the transfer of land is more than 39 H in favour of the irrigation department despite an affidavit filed by the Principal Secretary to the Maharashtra State to only mislead the Project Affected Persons and the Court.
3. This Court however granted an opportunity to the State to verify the factual position and the document annexed by the Contempt Petitioner to the rejoinder filed by the Contempt Petitioner. This court granted two weeks' time to file an affidavit after verifying the documents as well as physical possession of 45 Hectares reserved for allotment to the Project Affected Persons along with affidavits. On 17.03.2022, a Division Bench of this Court directed the learned AGP to take instructions as to why 46 Hectares of land earmarked for allotment of person whose land was acquired for the purpose of Bhama Aaskhed project is transferred to Irrigation Department and the impediment for allotment of the same.
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4. On 07.04.2022, this court passed an order in aforesaid Contempt Petition observing that the resettlement Officer has come to the conclusion that the Petitioners are the Project Affected Persons and are entitled for allotment of the alternate lands. The Petitioners have deposited 65% of the amount. This Court recorded the contention of learned AGP that the lands are not available in Chaskaman Project. This Court acknowledged the difficulty expressed by the learned Settlement Officer in allotment of lands.
5. This Court after considering the difficulties faced by the Resettlement Officer observed that the rights of the claimants also have to be safeguarded and protected. The citizens cannot be left to mercy of the Officers in as much as in one of the affidavits the proposal is made to allot the lands to the Petitioners from District Solapur, Taluka Dond which according to the Petitioners is at the distance of 300 k.m. This Court observed that the same would be unreasonable and would defy all rationality. If the lands are available for allotment to the Petitioners for the benefited zone of Bhama and/or of Chaskman projects, the same land also be considered by the authority.
6. This Court directed that the efforts should be made by the Respondent Officer to allot the lands in nearby vicinity and should be viable for them to cultivate. Genuine efforts are Sneha Chavan page 3 of 7 ::: Uploaded on - 20/02/2023 ::: Downloaded on - 04/06/2023 13:26:44 ::: 5 cp 89-23=.doc required to be made by the Resettlement Officer in that regard. This Court finally directed that it would be in the fitness of things for the Officer to make sincere efforts to allot the alternate lands to Petitioners, who admittedly are the project affected persons and have deposited the amount for the alternate lands in Khed Taluka, in the nearby distance from their residence. This Court expressed that the said exercise shall be done by the Resettlement Officer expeditiously preferably within six months.
7. Admittedly the Petitioner has already deposited 65% and has produced the proof in support of the deposits in the contempt petition and thus, repeatedly reminded the Respondents to comply with the order passed by this Court.
8. Mr. Sawant, the learned Counsel for the Petitioner also tendered a copy of order dated 23.04.2010 passed by the Division Bench of Court in Writ Petition No. 2888 of 2010 in case of Jayram Patilbhuva Kadlag (deceased) thr. Lrs. v/s. Collector of Pune and Ors. directing the Collector to inquire into the matter as to the cause for delay in not handing over possession of the land to the Petitioner therein in terms of the allotment letter. This Court made it clear that in the event, it is noticed that it was mischief of some Officers at the lower level, this Court hope and trust that the Collector would take appropriate action against such officers in accordance with law.
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9. This Court also left option to the Petitioner to claim suitable compensation or damages as the case may be from the concerned erring officials or the State Government, as the case may be. This Court further directed in the order that in the event, such proceedings are decided in favour of the Petitioner, the amount which is required to be paid to the Petitioner in terms of the Court Order will have to be recovered from the Officers who were working and who were responsible for handing over possession of the land to the Petitioner during the relevant period till the date of the said order, but failed to do so. This Court held that lapse is on account of commission and omission of the said Officer(s) for which Public Exchequer should not be burdened. This Court also directed that the Collector to make necessary inquiries and submit report to the Registry of this Court within three months from the date of the said order.
10. The learned AGP tendered a copy of the Government Resolution dated 14.06.2022 and submitted that since there are large number of claims in respect of the benefited zone, they have invited objections by giving 5 days notice. He also tendered a chart showing the applications received in pursuance of the Government Resolution dated 14.06.2022 and submitted that only after the said claims would be received by the Authority from all the persons interested, the Authority would decide about the allotment to be made to the Petitioner. The learned AGP submitted that if the orders passed by this Court which are the Sneha Chavan page 5 of 7 ::: Uploaded on - 20/02/2023 ::: Downloaded on - 04/06/2023 13:26:44 ::: 5 cp 89-23=.doc subject matter of these Contempt Petitions are complied with at this stage, the authority may face the Contempt Petitions from large number of other people, who have not filed Contempt Petitions so far.
11. It is not in dispute that though the Government Resolution was issued by the Government and no application is made by the Government for modification of order passed by this Court or for extension of time. The Petitioners have already deposited 65% amount. The earlier order were passed by this Court from time- to-time on the basis of the statement made by the learned AGP. In our prima facie view, the Respondents have committed gross violation of the orders passed by this court.
12. Office is directed to issue show cause notice, returnable on 13.03.2023 upon the Respondent Nos. 1 to 3 to show cause as to why appropriate action under the provisions of Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, shall not be initiated against them for committing willful disobedience of the orders passed by this Court on 28.02.2013 in aforesaid Writ Petition and order dated 28.02.2013 passed in aforesaid Contempt Petition and other connected Contempt Petitions.
13. An Affidavit in Reply, if any, shall be filed within one week from the date of service of the show cause notice. Respondent Sneha Chavan page 6 of 7 ::: Uploaded on - 20/02/2023 ::: Downloaded on - 04/06/2023 13:26:44 ::: 5 cp 89-23=.doc Nos. 1 to 3 shall remain present in this Court personally on the date of hearing of the show cause notice and as and when the matter appears on board.
14. As and by way of an opportunity to purge the contempt committed by Respondent Nos. 1 to 3, we direct them to comply with the orders passed by this Court and to allot the lands to the Petitioners within two weeks from today.
M.M.SATHAYE, J. R.D.DHANUKA, J.
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