The doctrine of merger does not apply to the mere dismissal of a special leave petition, as it only operates when leave is granted and an appeal is heard. Statutory mandates requiring interest on delayed compensation for land acquisition must be strictly honored regardless of subsequent procedural developments.

JUDGMENT :

CHAITALI CHATTERJEE (DAS), J.

1. This contempt application has been filed under the Contempt of Courts Act, 1971 for willful and deliberate violation of the judgement and order dated 29.8 of 2025 passed by this court in MAT no. 1959 of 2023 in refusing to pay interest on the amount of compensation as computed by the competent authority by the order dated 22.5.2023, affirmed by the Division Bench.

2. Initially a writ petition was filed under Article 226 of the Constitution of India being WPA 19895 of 2021 praying for a writ of Mandamus directing the respondents particularly the respondent no.1 and their men and agents to forthwith pay the compensation in respect of the loss and damage suffered by the petitioner during the renovation/laying of the pipeline by the respondent no. 1 and further compensation beyond the period of two months from 20th July, 2020 the date of taking over possession of the said land to the petitioner. The further prayer made by the petitioner for a writ of Mandamus directing the respondents to forthwith and over the leasehold land of the petitioner after completing the project and if not already completed until such time the land is handed over back to your petitioner to continue to pay compensation in respect thereof to the petitioner.

3. Vide a judgement and order dated 23.3.2023 the writ Court disposed of the said writ petition by directing the competent authority to consider the prayer of the petitioner as contained in the letter dated February 7, 2022 as expeditiously as possible but positively within a period of eight weeks from the date of communication of the said order of giving an opportunity of hearing the petitioner dispose of the same by passing a reasoned order and communicate the same to the petitioner within a period of one week from the date of passing of the said order. In terms of such order the competent authority took up the dated 17.2.2022 for consideration and after a contested hearing by an order dated 22.5.2023 disposed of the said proceeding by holding that the petitioner is entitled to further compensation @ 450 /-per decimal for 60 days for the period from 28th May, 2022 to 13th June, 2022 that is for 754 days. It was further held by the competent authority that since the petitioner did not cultivate his leasehold land from 14^th June, 2022 to the date of handing over the possession on 23.3.20 23 he is entitled to get presumptive crop value in terms of Petroleum and Minerals Pipelines (Acquisition of Right of user in land) Rules 1963.

4. The said order was assailed by filing a writ petition being WPA 13787 of 2023 and the writ Court by the judgement and order dated 25.8.2023 allowed the said writ petition by setting aside the order dated 22.5.2023 passed by the competent authority and granting liberty to the petitioner to appeal under Section 10(2) of the said Act before the concerned District Judge against the aforesaid order of the competent authority having territorial jurisdiction.

5. The petitioner being aggrieved thereby filed the appeal before the Division Bench of this court in MAT no. 1959 of 2023 and vide the order of the Appellate Court said judgement and order dated 25.8.2025 was set aside, directing upon the respondent no.1 IOCL to pay compensation as computed by the competent authority in the order dated 22.5.20 23 within a period of 30 days from the date of receipt of the server copy of the order and further granted liberty to the petitioner file an application before the concerned District Judge for enhance