NDLI: Mahant Lalita Sharanji Vs. Deoki Devi

Mahant Lalita Sharanji Vs. Deoki Devi

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Mahant Lalita Sharanji Vs. Deoki Devi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Court – Construction over the disputed land
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Contempt Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Contempt of Court – Construction over the disputed land by respondent, in violation of the interim order – Contempt petition against the respondent – During pendency, demolition of offending construction by the respondent – Disposal of the contempt petition as also undertaking by the contemnor that the existing built up construction would not be used for human habitation till the disposal of the appeal – However, respondent again raised construction on the same land and was residing therein – Second contempt petition – Respondent’s case that due to the dilapidated nature of the property, she carried out some maintenance work but was not using the same – Held: In case respondent felt that the property is going to waste, the proper course for her was to approach this Court either for modification of the earlier order of injunction or to seek fresh order to protect the property – She could not have taken the law in her own hands and totally violated the interim order of injunction granted by this Court – Photographs of the property clearly show that it was being put to commercial and residential use – Conduct of respondent is contemptuous – It seems that since respondent got off very lightly in the earlier contempt proceedings, she felt that she could take the law into her own hands – Respondent not only wilfully and knowingly disobeyed the interim order of this Court, but also violated her solemn undertaking given to this Court and the order passed in the earlier contempt proceedings – Therefore, she is guilty of civil contempt – She has not even tendered an apology-qualified or unqualified – There is no redeeming factor except the fact that she is a lady aged 63 years – Respondent sentenced to simple imprisonment for 3 months with fine of Rs.2000 – In case the respondent removes the entire construction and hand over the vacant and peaceful possession of the land within the stipulated period, the sentence of imprisonment would be suspended.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2018 INSC 155
Petitioner	Mahant Lalita Sharanji
Respondent	Deoki Devi
SCR	[2018] 1 S.C.R. 476
Judgement Date	2018-02-16
Case Number	1758

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