Saktipada Saha Chowdhury & Ors vs Madhusudhan Mondal
2023 Latest Caselaw 1560 Cal

02.03.2023 Item No.03 Court No.6.

S. De

C.P.A.N. 959 of 2022 in M.A.T. 1545 of 2018

Saktipada Saha Chowdhury & Ors.

Vs.

Madhusudhan Mondal.

Mr. Sabyasachi Mukhopadhyay, Mrs. Koushikee Banerjee, ...for the petitioners.

This contempt application has been taken out

alleging willful violation of a judgment and order dated

April 12, 2022 whereby MAT 1545 of 2018 was

disposed of.

The operative portion of the said order reads as

follows :-

"The order of the learned Single Judge therefore, is set aside. However, the writ petitioners must receive compensation in terms of the provisions of Act I of 1894. It appears from the order impugned that an amount of Rs.11,51,308/- has been determined as compensation. The concerned L.A. Collector is directed to pass an award taking into consideration the said amount of Rs.11,51,308/- within four weeks from the date of communication of this order. If the said sum does not include interest, solatium etc., the L.A.

Collector shall provide for such components in the award to be passed, as envisaged in the 1894 Act. Thereafter, the L.A. Collector shall follow the procedure prescribed in Land Acquisition Act, 1894 by giving due intimation to the writ petitioners, who will then be entitled to take further steps in terms of the Land Acquisition Act, whether under Section 18 or otherwise."

Learned advocate appearing for the petitioners

says that in spite of due communication of the order to

the Land Acquisition Collector, no steps have been

taken in terms of the order.

There appears to be a violation of the judgment

and order dated April 12, 2022. There will be a Rule

as prayed for. The Rule is returnable on March 20,

2023.

The petitioners shall put in Special Messenger

Costs with the department by March 6, 2023 to

expedite service of the Rule on the alleged contemnor.

List the matter on March 20, 2023.

(Krishna Rao, J.) (Arijit Banerjee, J.)