The rightness or wrongness of the order cannot be urged in contempt proceedings, and the Court cannot clarify the ambiguity in the order or traverse beyond the order while dealing with an application for contempt.

JUDGMENT :

A.S. Supehia, J.

1. The present applications have been filed for the following reliefs :

“10A. That respondent no. 4 deliberately and willfully have not complied with the order of the Hon’ble Court, hence defendant no. 4 may be imprisoned in Civil Jail for a term of six months or fined and adequately dealt with in accordance with law for the aforesaid Contempt of Court committed by him.

B. Be pleased to direct the respondents authorities to recompute and pass fresh award at the present market value and to make payment of compensation immediately without further delay and to place the compliance report before this Hon’ble High Court

AND/OR

Respondent authorities be directed to pay compiund interest at the rate of 10% per annum on delayed payment i.e. from the date of award to actual payment.”

2. The prayer clauses suggests that the applicants are seeking directions against the respondent No.4 for willfully non-complying with the directions issued by this Court and also in prayer clause at Paragraph No.10-B, the directions are sought that the respondents may re-compute and pass a fresh award at the present market value and to make payment of compensation immediately without further delay.

3. The present contempt proceedings emanate from the judgement dated 21 & 22.09.2017 passed in the captioned writ petitions and other allied matters. The present applications seeking initiation of the contempt proceedings are filed in Special Civil Application No.12438 of 2012 by one Karsanbhai Karpatiya. The Division Bench of this Court vide judgement dated 21 & 22.09.2017 had made certain observations, more particularly in paragraph Nos.28, 29 and 30 thereof with regard to the payment of compensation and passing of fresh award. It is the case of the applicants that the aforesaid directions, which are issued by the Division Bench are not complied with till today and hence, appropriate proceedings of contempt of Court may be initiated.

4. Learned advocate Mr. Shaikh appearing for the applicants has submitted that the respondent authorities have deliberately not complied with the directions issued in the judgement dated 21 & 22.09.2017, more particularly in paragraph No.28 thereof and even observations made in paragraph No.29 with regard to payment of interest @ 10% p.a. on the compensation is also not complied with. While referring to the observations and the facts recorded by the Division Bench, learned advocate Mr. Shaikh has submitted that the judgement proceeds on the basis of the facts recorded in the captioned writ petition being Special Civil Application No.12438 of 2012. He has invited attention of this Court to Paragraph No.2 of the judgement in this regard. It is submitted that there were six petitions, which were decided by this Court by the common judgement, wherein the first category would be of Special Civil Application Nos.12438, 12444, 12449 of 2012 and second category of Special Civil Application Nos.9570, 9571 and 9272 of 2013. He has further submitted that the petitioners had challenged the very acquisition process of the respondent authorities and the notification issued with regard to acquisition of the land dated 06.02.2012. It is submitted that ultimately, the Division Bench in paragraph No.28 had bifurcated the categories of the petitioners into two parts, (i) those petitioners, who did not accept the compensation and kept the challenge alive; and (ii) those petitioners, who have already though belatedly, accepted the compensation and also handed over the possession of the land under acquisition.

4.1 It is submitted by learned advocate Mr. Shaikh that the applicants form the former class i.e. those petitioners, who did not accept the compensation and hence, as per the directions issued therein, the competent authorities are required to recompute and pass a fresh award in terms of the statutory provisions, which would include all the statutory and incidental benefits as if the declaration under sub-section (1) of Section