IMPORTANT POINTS
(1) Discretion given to court in dealing with proceedings under Contempt of Courts Act is to be exercised for maintenance of court’s dignity and majesty of law.
(2) Contempt of Court – Aggrieved party has no right to insist that court should exercise such jurisdiction, inasmuch as contempt is between contemnor and court.

JUDGMENT :

R. Subhash Reddy, J.

1. These contempt petitions are filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 129 of the Constitution of India and Rule 3(C) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, alleging that respondents have wilfully and deliberately violated directions issued by this Court in the order dated 17.08.2015, 29.08.2016 and 05.01.2017 passed in Civil Appeal Nos.10394-10396 of 2011 and in Contempt Petition(C)Nos.726-728 of 2015 and I.A.Nos.28-30 of 2016 in the said contempt petitions.

2. The land admeasuring 29.38 acres belonging to the petitioner situated at Bhagalpur, Bihar was acquired under provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’). The notification under Section 4(1) of the Act was issued at the first instance on 25.03.1981. Pursuant to abovesaid notification, possession of the land along with the structures was taken on 20.08.1981. Said land was subsequently declared as a protected forest under Section 29 of the Indian Forest Act, 1927. A notification to that effect was issued under Indian Forest Act on 04.09.1990.

2(a). As no award was passed pursuant to the notification issued under Section 4(1) of the Act, a fresh notification under Section 4(1) of the Act was issued on 24.05.1995 and there was also further notification to the same effect on 17.08.1996. When the subsequent notification was issued, same was challenged before the High Court. The said writ petition was allowed in the year 1998. In the counter affidavit filed before High Court, respondents have taken the stand that earlier acquisition proceedings for which notification was issued lapsed, as the award was not passed within the statutory period. The petitioner herein also filed another writ petition seeking directions against the respondent-State to release the land in question and hand over the possession to him. There was also a writ petition by Divisional Forest Officer challenging the action of the State in taking steps to withdraw acquisition proceedings. There was also a writ petition filed as a public interest litigation, for protecting and preserving the forest. When such petitions were pending, an award was passed on 27.09.2006, purportedly pursuant to 1981 notification. All the three writ petitions were heard together by the High Court. When the High Court has held, notwithstanding the delay in passing the award, possession of the land as well as title vested in the respondent-State, matters have come to this Court in Civil Appeal Nos.10394-10396 of 2011. By order dated 17.08.2015, civil appeals filed by the petitioner were allowed holding that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘2013 Act’), will apply as much as State has not progressed beyond making a declaration under Section 6 of the Act, pursuant to subsequent notification. The land acquisition proceedings were declared lapsed by this Court, and the respondent-State was directed to initiate fresh acquisition proceedings or to take any other action available under law within six weeks from the date of passing of the order.

3. Alleging wilful and deliberate violation of the directions issued in the aforesaid order, passed on 17.08.2015, earlier contempt petitions were filed in Contempt Petition(C) Nos.726-728 of 2015. As much as fresh notification was issued during the pendency of the contempt petitions under Section 11 of the 2013 Act, the contempt petitions were disposed of, vide order dated 29.08.2016. The said order reads as under :

“It has been submitted by the learned senior counsel appearing for the petitioner that the possession of the land in question has already been taken by the authorities.

If that is so, we are sure that the petitioner shall be paid the amount of compensation in accordance with law i.e. as per the provisions of Section 40 of the Right to Fair Compensation and Tr