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2019 Supreme(SC) 873
SUPREME COURT OF INDIA
INDU MALHOTRA, SANJIV KHANNA, JJ.
State of Jharkhand & Ors. – Appellants
Versus
Gopal Prasad Mandal – Respondent
Civil Appeal No. 3990 of 2009
Decided on : 14-08-2019
For the Appellant(s) :Krishnanand Pandey, Jayesh Gaurav, Advocates
For the Respondent(s):Tapesh Kumar Singh, Advocate
IMPORTANT POINT
When Court’s order is complied in spirit, such action would not invite contempt proceeding even though there may be some technical flaws.
Headnote:
Contempt of Courts Act, 1971 - Section 12 - High Court directing construction of connecting village road on acquired land - Authorities deviating by 400 ft due to opposition by villagers - Constructed road acceptable to villagers - Authorities ought to have obtained approval of the deviation from the Court - However, failure to do so does not attract contempt proceeding as the public purpose has been served. (Para 7, 8)
Facts of the case:
This case is about a contempt before the High Court.
Finding of the Court:
Contempt proceeding not justified.
Result: Appeal allowed.
JUDGMENT :
SANJIV KHANNA, J.
Present appeal by the State of Jharkhand is directed against the order dated 27.08.2008 passed by the High Court of Jharkhand in Contempt Case (Civil) No. 43 of 2008 titled Gopal Prasad Mandal v. The State of Jharkhand and Others, inter alia directing as under:
“Since the land in question is still without a road, we find substance in the plea of the petitioner in this contempt petition. Although the respondents might have constructed the road elsewhere, they were duty bound to construct the road on the land in regard to which the order was passed. Hence, the respondents are directed to comply the order dated 9.5.2007 and inform this Court within a period of one month as to what steps have been taken for construction of the road in pursuance to the order dated 09.5.2007.
The counsel for the respondents raised on objection that the order sought to be complied does not indicate any specific land on which the road had to be constructed.
In our view, the order which is sought to be complied in terms of the order of the writ petition and the land on which the road was to be constructed has specifically been indicated. Hence, the Counsel for the Respondents shall explain it to the respondents– authorities regarding the identification of the land on which the road was to be constructed. Thus, the objection raised has no substance and hence it is rejected.
Let this matter be listed again on 24th September, 2008.”
2. This Court by order dated 17.11.2008 had issued notice on the Special Leave Petition filed by the State of Jharkhand with a direction to file a counter affidavit and the contempt proceedings before the High Court were stayed until further orders. The matter has remained pending since then.
3. Contempt proceedings arise from Public Interest Writ Petition (C) No. 6956 of 2006 that were filed before the High Court of Jharkhand with the following prayers:
“(i) Issuance of appropriate order(s) and/or direction(s) upon the respondents to show cause as to why and under what compelling circumstances, the respondents have till date not constructed the approach road connecting village “Koradih” under Circle Sarwan, P.O. Sabejor, P.S. Sarwan, Sub-Division and district Deoghar to the “Deoghar – Madhupur” Main Road which would facilitate and benefit more than 10,000/-villagers of neighbouring more than 15 villages in transportation and movement to the nearest market, main town and district headquarters as well as enable them to avail better medical facility in Sadar Hospital at Deoghar Town and other well equipped private hospitals and for which the respondents have already acquired 13 decimal of land under due process of law vide L.A. Case No. 11/2003–04 as far back as in 2004 when construction of said approach road was duly sanctioned.
(ii) For issuance of appropriate order(s) and/or direction(s) upon the respondents to construct and build the said approach road connecting village Koradih to the Deoghar – Madhupur Main Road in right earnest on the stretch of land measuring 13 decimals of plot No.3, J.B. No. 5, Thana No.243 village Koradih under Sarath Block, district Deoghar acquired vide L.A. Case No. 11/2003-04 and duly sanctioned in the year 2004.
(iii) for any other relief(s) as the petitioner may be found entitled in law.”
Grievance raised in the Writ Petition was concerning delay in construction of the approach road connecting village Koradih located in Deoghar District with the Deoghar-Madhupur main road, inconveniencing more than 10,000 villagers belonging to over 15 neighbouring villages. It was alleged that private land admeasuring 13 decimals had been acquired in 2004 for constructing the connecting road.
4. The High Court vide order dated 17.04.2007 in this PIL had directed the Deputy Commissioner, Deoghar to file an undertaking giving a time frame for completing the construction of the road. Accordingly, supplementary affidavit dated 09.05.2007 was filed by the Additional Collector, Deoghar on behalf of th
