For a contempt of civil nature to be made out, there must be a wilful disobedience of the order, and mere disobedience is not enough. The jurisdiction of the Contempt Court cannot be invoked to appease vindictive motives or for personal vengeance.

Manjula Chellur, J.

1. This petition is filed by the petitioner – complainant Trust seeking action against the respondent officials for not complying with the order dated 2nd May 2015. It is necessary to bring on record certain EVENTS WHICH occurred after passing of the above said order, which led to filing of the present Contempt Petition.

2. Land admeasuring about 1,05,400 sq.m situated at Bhosari within the jurisdiction of the Pimpri Chinchwad Municipal Corporation belongs to the petitioner Trust. In the year 1997 by an agreement dated 8th July 1997, petitioner trust handed over the above land to the possession of respondent no.1. Inspite of proceedings under Land Acquisition Act being initiated, the respondent no.1 failed to pass award or grant compensation or TDR in respect of the above said land. Therefore, petitioner trust filed Writ Petition No.7494 of 2013 wherein the Division Bench ultimately held that within two years of time, the fourth respondent Pimpri Chinchwad Municipal Corporation therein has to take recourse to the proceedings of compulsory acquisition under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “2013 Act”). Inspite of persistent followup by the contempt petitioner seeking computation of compensation in terms of new Enactment or to grant TDR in lieu of compensation, first respondent failed to complete the Land Acquisition proceedings under 2013 Act nor restored back possession of the land to the petitioner Trust nor offered TDR to the Trust.

3. On 3rd August 2016, when petitioner Trust again addressed a letter to the respondent no.1 seeking compliance of directions of the order dated 2nd May 2014, respondent applied for extension of three months time on the ground that award is almost ready. However, the respondent no.1 failed to comply with the said undertaking of completing the award process nor paying compensation nor offering TDR nor restoring back possession of the land. Therefore, the present Contempt Petition came to be filed.

4. According to first respondent, contempt petition is bad for non-joinder of necessary party, and so also joining parties who are not required to be impleaded. It is brought on record by the first respondent that on or before 2nd May 2016, they had to complete the acquisition proceedings within two years. However, same came to be extended upto 31st December 2016. Within this time, the first respondent had to restore the land to the petitioner. On 10th January 2017, a contempt was filed complaining noncompliance of order by handing over back the possession of the land to the petitioner. They rely upon Rule 21 of Chapter XVII of Bombay High Court Appellate Side Rules, 1960, and contend that contempt proceedings cannot be alternative proceedings for execution of orders. Civil Application St.No.634 of 2017 came to be filed on 9th January 2017 by the State Government wherein extension of time for compliance is sought.

5. The total land owned by the petitioner which was handed over to the first respondent is about 1,05,400 sq.m. Out of this, 56,864.70 sq.m is coming under reservation as per the Development Plan (DP) of first respondent. 26,500.30 sq.m is covered by water of natural lake. Therefore, it is under the ownership of the Government. Portion of unreserved land which is in possession of first respondent Corporation is only 22,035 sq.m.

6. So far as first respondent is concerned, they requested Special Land Acquisition Officer (SLAO) concerned to seek extension of time by six months in order to enable Corporation to seek approval of the General Body and Standing Committee of the Corporation for deposit of the amount directed by Divisional Commissioner, Pune on 28th December 2016. Decision to deposit compensation of Rs.45,05,24,387/- in respect of 56,864.70 sq.m which is a reserved land, was made. On 24th January 2017, a cheque for the above said amount is submitted to the Special Land Acquisitio