Bombay High Court
Lav Shivram Rane And Ors vs State Of Maharashtra And Ors on 27 January, 2021
Author: Vinay Joshi
Bench: S.J. Kathawalla, Vinay Joshi
Digitally
signed by
N. D.
N. D. Jagtap
7-CPST 96907-20 in WP 13133-18.doc
Jagtap Date:
2021.01.27
19:31:15
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION (ST) NO.96907 OF 2020
IN
WRIT PETITION NO.13133 OF 2018
WITH
WRIT PETITION NO.97470 OF 2020
Gajanan S. Rane ... Petitioner
Vs.
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION (ST) NO.97401 OF 2020
Lav Shivram Rane ... Petitioner
Vs.
The State of Maharashtra & Ors. ...Respondents
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None for the Petitioners.
Ms.M.P. Thakur, AGP for the Respondents-State.
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CORAM : S.J. KATHAWALLA &
VINAY JOSHI, JJ.
DATE : 27TH JANUARY, 2021 P.C. :
1. The Petitioner seeks to initiate an action of contempt against the Respondents for non-compliance of the common order of this Court dated 23 rd January, 2019 passed in Writ Petition No.13133 of 2018 alongwith Writ Petition No.13134 of 2018. It is Petitioner's contention that this Court in its order dated 23rd January, 2019 has directed the Respondents, i.e., a competent authority to refer the objection application tendered by the Petitioner for adjudication to the principal civil court of original jurisdiction in terms of Section 3(H)(4) of the Mugdha Page 1 of 3 7-CPST 96907-20 in WP 13133-18.doc National Highways Act, 1956. According to the Petitioner, despite the said order, Respondent No.2 has not referred the supplementary compensation order to the competent authority and thereby committed a willful contempt.
2. On the last dates, i.e., on 19/01/2021, 25/01/2021 and 27/01/2021 as well as on today none appeared for the Petitioner. Therefore, the matter is taken for disposal in accordance with the law.
3. The Petitioner claiming to be one of the member of the joint family, whose land has been acquired, has initially fled objection application for payment of the compensation. He has requested the authority to refer the dispute to the principal civil court, however, his objection was came to be rejected instead of transferring the same to the civil court in compliance of Section 3(H)(4) of the National Highways Act, 1956. Being aggrieved by the said rejection of objection dated 1st October, 2018, the Petitioner approached to this Court vide abovementioned two Writ Petitions. After hearing both sides, this Court has directed the competent authority to refer the matter to the principal civil court of original jurisdiction and to decide the same within the stipulated period.
4. In this background, it is Petitioner's contention that though Mugdha Page 2 of 3 7-CPST 96907-20 in WP 13133-18.doc Respondent No.2 (competent authority) has transferred objection application on 3rd April, 2019, however supplementary award of compensation has not been referred to the civil court. Admittedly, the supplementary award was passed after the directions of this Court dated 23rd January, 2019, meaning thereby there was no such specifc direction to transfer the supplementary award to the competent authority. The provisions of Contempt of Court Act, are to be applied strictly. In that view of the matter, the inaction of the competent authority of transferring the subsequent supplementary award to the civil court cannot be termed as a violation of the order of this Court, which was passed on 23 rd January, 2019.
Moreover, it is the Petitioner's own case that in pursuance of the order of this Court, his initial objections were transferred to the civil court. Therefore, the Contempt Petitioner carries no merits. Hence, the same is accordingly disposed of. Accordingly, Writ Petitions be placed for directions on 29/01/2021.
(VINAY JOSHI, J.) (S.J. KATHAWALLA, J.)
Mugdha Page 3 of 3