Points Of The Court : Respondents would be entitled to interest on compensation @ 6% per annum in terms of Section 34 of the 1903 Act.

ORDER

1. Leave granted.

2. This appeal is directed against the judgment and order dated 24.06.2021 in Contempt Case No. 708 of 2020 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur.

3. The contempt petition was instituted by the respondents alleging wilful disobedience of the directions in Writ Petition (C) No. 21481 of 2013. The respondents, as land owners of about 51.57 acres, had filed the aforestated writ petition alleging that they were being obstructed by the appellants from carrying out any kind of activities on their land. This was notwithstanding that the land had not been notified under Section 3 of the Works of Defence Act, 1903 (hereinafter referred to as the 1903 Act'). The reliefs claimed in the writ petition read thus:

"7. RELIEF SOUGHT:

In view of the facts mentioned in para 5 above, the petitioner prays the following reliefs:

(i) The Hon'ble High Court may kindly be pleased (to) issue a writ of mandamus against the respondents not to disturb or restrain the respondents not to interfere in the using of the land by the Petitioners.

(ii) This Hon'ble Court (may) further direct to the respondents not to disturb to user and possession of the Petitioners.

(iii) Any other efficacious remedies and or relief/ reliefs, which this Hon'ble High Court deems fit and proper, in the circumstances of the case kindly be granted to the petitioners in the interest of justice.

8. INTERIM ORDER, IF ANY PRAYED FOR:

Till the final disposal of the main petition the respondents may kindly be restrained not to interfere or disturb or to user and possession of the Petitioner in the land."

4. During pendency of the writ petition, a notification dated 06.05.2016 under the 1903 Act was published in respect of the land comprised in the area lying within the distance of 1000 yards from the crest of the outer perimeter wall of Military Station at Sukhlapur in the District of Jabalpur in the State of Madhya Pradesh, directing that this land be kept free from construction of buildings and other obstructions from the date of publication of the notification. The notification also imposes the restrictions specified in clause (b) of Section 7 of the 1903 Act.

5. In view of the aforesaid notification, Writ Petition (C) No. 21481 of 2013 was disposed of, vide judgment and order dated 30.08.2017, making reference to Sections 4 and 5 of the 1903 Act, with the direction that it was obligatory on the part of the appellants to proceed further and pay damages on account of restrictions imposed regarding use of the land. The following directions were issued:

"(i) That the respondents shall take appropriate steps to determine the damages and payment of damages to the petitioners on account of imposition of restrictions in regard to use of lands after publication of notification under Section 3 of the Act of 1903 within a period of six months from the date of receipt of copy of this order.

(ii) If the respondents fail to pay damages and will not determine the same within the stipulated period, the petitioners are at liberty to take appropriate action and they are at liberty to file appropriate proceedings in accordance with law. The petitioners can also challenge the notification issued under Section 3 of the Act of 1903 quoted above in the order. No order as to costs."

6. Alleging non-compliance, the respondents had filed Contempt Case No. 1014 of 2018, which was disposed of by order dated 06.04.2018 directing the appellants to comply with the order dated 30.08.2017 passed in Writ Petition (C) No. 21481 of 2013 within a further period of six months from the date of receipt of certified copy of that order. Liberty was also given to the respondents to file another contempt petition, if required, with the observation that costs would be imposed and recovered from the erring officer.

7. The respondents, again alleging non-compliance, filed the second Contempt Case No. 2959 of 2018 on or about 23.10.2018, a copy of which is not available on r