Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Contempt of Courts Act, 1971 (70 of 1971) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Contempt of Courts Act, 1971 – Contempt – When not – Land belonging to the petitioner acquired under 1894 Act – s.4 notification issued in 1981, possession taken – Land subsequently declared as protected forest – No award passed – Fresh/further notifications issued – Challenged by petitioner in writ petition, various other writ petitions pending – Award passed in 2006 purportedly pursuant to 1981 notification – High Court held that the possession and title of the land vested in the respondent-State – Petitioner ’s appeals in Supreme Court allowed vide order dtd.17.08.15 holding that land acquisition proceedings had lapsed and the provisions of 2013 Act were to apply; State directed to initiate fresh acquisition proceedings – Contempt petitions filed alleging violation of aforesaid directions – Fresh notification u/s.11, 2013 Act issued during the pendency thereof – Contempt petitions disposed of vide order dtd.29.08.16 observing that as possession of the land in question was already taken, the petitioner shall be paid compensation as per s.40, 2013 Act – State sought correction of the aforesaid order – IAs dismissed vide order dtd. 05.01.17 – Violation of orders dtd.17.08.15, 29.08.16 and 05.01.17 alleged – Held: In view of order dtd. 10.02.20 passed by this Court; the fresh notification dtd. 14.02.20 and the award dtd. 12.11.20, it cannot be said that respondents have violated the directions issued by this Court in the order dtd. 17.08.15 – Thus, in view of the last notification issued u/s.11, 2013 Act on 14.02.20 and the award passed by the authorities, it cannot be said that respondents have deliberately violated any directions issued by this Court –Further, when the notification was issued u/s.11, 2013 Act, without invoking urgencyclause, the question of extending the benefits as per s.40, 2013 Act will not arise – Land Acquisition Act, 1894 – s.4, 6 – Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – ss.11, 40, 64, 66, 74 – Indian Forest Act, 1927 – s.29. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2021 INSC 889 |
Petitioner | M/s. Soorajmull Nagarmull |
Respondent | Sri Brijesh Mehrotra & Ors. |
SCR | [2021] 9 S.C.R. 725 |
Judgement Date | 2021-12-14 |
Case Number | 10394-10396 |
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