The single judge bench of Justice Moushumi Bhattacharya of the Calcutta high court in the case of Israt Begam & Anr Vs Purnendu Kumar Maji & Ors directed the contemnors to pay Rs. 30 lakhs to the petitioners for attempting to frustrate the order by demolishing the subject matter of the dispute.
Brief Facts:
The factual matrix of the case is that the demolition of the petitioner’s pucca houses on the highway commenced on 13.12.22 i.e. the date of the hearing. Thereafter, the Court found a violation of the statutory requirement under Section 51B(1) of the West Bengal Land Reforms Act, 1955. Having found such non-compliance the Court deemed it fit to direct the alleged contemnors to forthwith stop any further demolition of the petitioners’ plot namely until the matter is heard out on affidavits.
Court’s Observation:
The Hon’ble Court held that any person or citizen can approach a writ court subject to a crystallized right and a corresponding duty on the part of the authorities amenable under Article 226 of the Constitution of India for enforcement of the right. The expectation is that there will be an adjudication of the dispute brought before the Court in the form of writs, orders, and directions. The dignity and majesty of a Court are lowered not only from the wilful disobedience of the orders and directions passed by the Court but also from an act amounting to an interference with or obstructing the administration of justice.
The decision of the Court:
The Court was of the view that the alleged contemnors have lowered the dignity and majesty of this Court by wilful disobedience of the order and by attempting to frustrate the order by demolishing the subject matter of the dispute. This was a clear instance of obstructing the administration of justice. The court directed the alleged contemnors to pay Rs. 30 lakhs to the petitioners within a fortnight from today.
Case Title: Israt Begam & Anr Vs Purnendu Kumar Maji & Ors
Coram: Hon’ble Justice Moushumi Bhattacharya
Case No: CAPN 1428 of 2022 in WPA 27501 of 2022
Advocate for the Petitioner: Mr. Pappu Adhikari, Mr. Aritra Roychowdhury
Advocate for the Respondent: Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal
Advocate for the Contemnors: Mr. Asish Kumar Guha, Mr. J. Kr. Gupta, Mr. Naren Ghoshdastidar
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