JUDGMENT

CONTEMPT PETITION (CIVIL) NO. 136-137 OF 2005

IN

C.A. No. 6798-6799 OF 2004

WITH

I.A. NO. 21-30, I.A. NOS. 17-18 & I.A. NO. 1 IN

I.A. NOS. 17-18

IN

C.A. NO. 6798-6799 OF 2004

Dr. AR. Lakshmanan, J.

This Court, on 15.10.2004, by a detailed judgment and order passed in Civil Appeal No. 6798 and 6799 of 2004 issued, inter alia, the following directions:

"73. In the result, we allow the appeals in part and direct the Collector, Bhavnagar to grant non-agricultural permission in respect of the land of about 76 acres 36 guntas comprised in Survey No. 469/1,

Bhavnagar District after collecting the non-agricultural tax calculated at the rate of 5% per sq. m applicable at the time when the application was made by the applicant i.e. 24.2.3003 which aggregate to Rs. 15,57,540. Dispute, if any, with regard to the tax calculated and the rate has to be agitated separately and collected later. The Commissioner of Bhavnagar Municipal Corporation is directed to consider the application for sanction within four weeks, the layout and building plans as per the current development control rules and pass order in accordance with law.

74. We also direct Respondents 1 and 2 to collect non-agricultural permission charges and conversion charges for the lands bearing Survey Nos. 470/1, 471/2, 471/3 and 472 situated at Village Vadva, Bhavnagar as prevalent in the year 1981."

The petitioners sent a representation to the Government along with a copy of the aforementioned judgment with a request to comply with the directions contained in the judgment. The petitioners, thereafter sent several reminders to the respondents to comply with the said judgment.

Notification was issued by the State Government wherein the lands of RS Nos. 471/2 and 472 were notified as a water body in purported compliance with the High Courts order dated 02.08.2002. By the said order, the High Court had directed the State Government to notify the water bodies in the territory of the State that vest in the State and/or the Area Development Authorities or the Local Bodies including the Panchayat in the Official Gazette within 3 months from the date of this order and not a private land.

The Deputy Secretary of the Revenue Department wrote to the Collector, Bhavnagar District that the Government had accepted the said judgment of this Court except for the land of RS No. 472 and requested the Collector to take steps for the entire survey Nos. except for the abovementioned survey No. 472 and to immediately inform the Government about the steps taken by him. This communication was sent on 16.02.2005. Although the direction from the Revenue Department was for accepting the judgment of this Court except for the land covered by survey No. 472, the Collector not only refused to follow the judgment for survey NO. 472 but also for 80 acres of survey No. 471/2. On 28.06.2005, the above contempt petition was filed in this Court with the following prayer:-

(a) "initiate contempt proceedings against the respondents no. 1 to 10 herein for deliberately and willfully not complying with the specific directions of this Honble Court contained in the judgment dated 15.10.2004 in Civil Appeal No. 6798-99 of 2004;

(b) direct the respondents to forthwith grant non-agricultural permission and other necessary building and development permission in respect of part of the land of R.S. No. 471/2 (admeasuring about 80 acres) and 472 (admeasuring about 50 acres) of Village

Vadva, District Bhavnagar.

(c) Pass such other and suitable order/s as this Honble Court may deem fit and necessary in the facts and circumstances of the case and in the interest of justice."

On 25.07.2005, this Court issued notice regarding non-compliance of directions contained in para 74 confining survey Nos. 471/2 and 472. After the notice was issued in the contempt petition, the State Government filed an application for directions in IA No. 17 and 18 of 2005 for certain directions. On 09.05.2006, this Court passed the following

order:-"