SOORAJMULL NAGARMULL Vs. BRIJESH MEHROTRA

JUDGEMENT

(1.) These contempt petitions are filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 129 of the Constitution of India and Rule 3(C) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, alleging that respondents have wilfully and deliberately violated directions issued by this Court in the order dated 17.08.2015, 29.08.2016 and 05.01.2017 passed in Civil Appeal Nos.10394-­ 10396 of 2011 and in Contempt Petition(C)Nos.726-­728 of 2015 and I.A.Nos.28-­30 of 2016 in the said contempt petitions.

(2.) The land admeasuring 29.38 acres belonging to the petitioner situated at Bhagalpur, Bihar was acquired under provisions of the Land Acquisition Act, 1894 (for short, 'the Act'). The notification under Section 4(1) of the Act was issued at the first instance on 25.03.1981. Pursuant to abovesaid notification, possession of the land along with the structures was taken on 20.08.1981. Said land was subsequently declared as a protected forest under Section 29 of the Indian Forest Act, 1927. A notification to that effect was issued under Indian Forest Act on 04.09.1990.

(3.) Alleging wilful and deliberate violation of the directions issued in the aforesaid order, passed on 17.08.2015, earlier contempt petitions were filed in Contempt Petition(C) Nos.726-­ 728 of 2015. As much as fresh notification was issued during the pendency of the contempt petitions under Section 11 of the 2013 Act, the contempt petitions were disposed of, vide order dated 29.08.2016. The said order reads as under :-