AJAY CONSTRUCTIONS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners have filed this contempt petition contending therein that the respondents have committed breach of the order. dated March 20, 1995, of the Division Bench of this Court passed in writ petition No.863 of 1995. The petitioners contend that as per the said order respondent No.5 was directed to collect toll till July 30, 1995 and pay an amount of Rs.51,00,000/- per month commencing form April 1, 1995. According to the petitioners, respondent No.5 has not paid the aforesaid amount as directed by the court and thereby has committed contempt by not following the order of court. The other respondents also have committed contempt, according to the petitioners as they have not asked respondent No.5 to pay the above mentioned amount.

(2.) IT is pointed out on behalf of the respondents that they have not committed any contempt as the aforesaid order was passed pending the question of allotment of the Build., Operate and Transfer (B.O.T) tenders which were pending before the Union of India- respondent No.4. Since, the fourth respondent have considered the question of allotment of B.O.T. tenders, thereafter there was no question of payment of Rs.51,00,000/- to the first respondent as directed by the Division Bench. Further, after going through the explanation given by the respondents, we are of the opinion that whatever has been ordered on March 20, 1995 by the Division Bench were the directions given as interim measure pending the consideration of the allotment of B.O.T. before the fourth respondent, i.e. the Union of India. Since, the fourth respondent has taken its decisions on B.O.T., thereafter there was no need for respondent No.5 to pay the amount of Rs.51,00,000/- to respondent No.1.

(3.) MR .Mohta. the learned counsel for the petitioners, submits that the petition be kept for final hearing along with writ petition No.863 of 1995. According to our opinion, there is no need to keep this matter along with the abovesaid writ petition for final hearing, as there is no contempt.