NDLI: Er. K. Arumugam Vs. V. Balakrishnan & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	land acquired compensation TWAD wilful disobedience Contempt of Court
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Contempt of Court:Writ petition in respect of compensation amount for the land acquired by Tamil Nadu Water Supply and Drainage Board (TWAD Board) – High Court directed the Board to submit report to the District Collector to ensure fair and reasonable compensation to the writ petitioner – In compliance of order of High Court, District Collector passed order fixing the land value at the rate of Rs. 200/– per sq. ft.as on 1.4.2012 – When the compensation amount was paid to the claimant, he received the same under protest – The claimant filed contempt petition against the appellant alleging disobedience of order of High Court – High Court issued some oral instructions,whereupon, District Collector enhanced the value of the land @Rs. 500/- per sq. ft. – High Court thereafter fixed the value of the land @ Rs. 600/- per sq. ft. – Contempt appeal dismissed by Division Bench of High Court – On appeal, held: A party can be proceeded for disobedience of court order only when there is wilful disobedience and non-compliance of Court order – In the present case, there was no disobedience or non-compliance of the Court order to entertain contempt petition – High Court fell in error in entertaining the contempt petition and also in issuing positive direction to the authorities to pay further compensation which is arbitrary and unsustainable – The enhancement of land value @Rs. 500/- per sq. ft. by District Collector, since passed under fear of contempt, the same is liable to be quashed.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 154
Petitioner	Er. K. Arumugam
Respondent	V. Balakrishnan & Ors.
SCR	[2019] 2 S.C.R. 802
Judgement Date	2019-02-06
Case Number	1510

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