MANIK LAL MODAK BHOWMIK Vs. SAMBHU NAMA

JUDGEMENT

(1.) The petitioners by means of these petitions have alleged that the respondents/contemnors have willfully flouted and disobeyed the directions of this Court embodied in the order, dated 7th October 2013, passed in Writ Appeal 38 of 2012 wherein the following directions were given:

(2.) Admittedly, the amount was not deposited by 30th November or even by 15th December, 2013 and it has also not been paid to the persons entitled to the amount in terms of the award of the land acquisition proceedings. In fact the record reveals that the amount was tendered only on 3rd February, 2014 in the office of the Land Acquisition Judge. No interim orders have been obtained till date.

(3.) The respondents have filed reply and initially a stand was taken that the respondents understood the order to mean that action could be taken by 30th November and stay order could be obtained later. We are not at all satisfied with the initial response of the contemnors in this regard. Along with the reply filed by the contemnors the opinion of the learned Advocate General to the State of Tripura has been annexed in which he has in unambiguous terms stated that the outer limit is 30th November, 2013 and the suit should be filed by the 1st week of November, 2013 so that a reasonable time is left to obtain an interim order. This opinion of the learned Advocate General was accepted by the Secretary, Revenue and the Secretary, Law. However, later the matter was discussed and instead of filing a suit it was decided to file a petition under Section 30 of the Act. From the noting sheet itself it is absolutely clear that each and every person was aware that the last date for obtaining the interim order was 30th November, 2013. Despite being aware that the last date is 30th November no steps were taken in this regard.