IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Arijit Banerjee and The Hon’ble Justice Rai Chattopadhyay C.P.A.N. 1459 of 2022 arising out of MAT 904 of 2022 in RVW 184 of 2022 Kartik Chandra Kapas & Ors.

Vs.

Bikash Naskar & Anr.

For the Petitioner : Mr. Saptangshu Basu, : Ms. Chaitali Bhattacharyya, : Mr. Mrinal Kanti Ghosh, : Mr. Chandranath Sarkar, For the alleged contemnor no. 1 : Mr. Soumitra Bandyopadhyay, : Mr. Aniruddha Sen, For the alleged contemnor no. 2 : Mr. Debajyoti Deb, : Mr. Pabitra Biswas, Heard on : 27/03/2025 Judgment on : 22/04/2025 Rai Chattopadhyay, J. :-

1. On the allegation of wilful and deliberate violation of this court’s order dated September 14, 2022, passed in RVW 184 of 2022, arising out of MAT 904 of 2022, the present contempt application has been filed. The alleged contemner is Sri Dipankar Biswas, the block development officer/executive officer, Das Pur-1, District Paschim Medinipur.

2. By dint of the said order dated September 14, 2022, the court had issued directions upon the alleged contemner, to take up the issue of payment of compensation to the petitioners and act in terms of the direction contained in the order dated February 15, 2022, passed by the learned Single Judge, in WPA No. 9117 OF 2020, and complete the exercise within two months.

3. In this regard it is also necessary that the order passed by the learned Single Judge, in WPA No. 9117 OF 2020, dated February 15, 2022, may also be looked into. The court had directed for assessment of compensation payable to the petitioner and for payment of the same to them, qua the plot in question, at the prevalent market rate.

4. The factual background of the case is required to be stated in a nutshell, which is as follows: the petitioners are the recorded owners of the plot of land in question. The plot of land has been utilised by the Panchayat authority, for the purpose of construction of road, without requisition or acquisition of the said land. No compensation has been paid to the petitioner for the same. That the said plot of land, after construction of road over there, has been utilised for public purpose. Hence, the learned Single Judge directed the Panchayat authority to take necessary steps for assessment and payment of compensation, to the petitioners at the prevalent market rates.

5. The order under contempt is one passed by this Court in a review application filed by the Panchayat Pradhan who stated that it is not the Panchayat or the Pradhan, but the Panchayat Samiti, who would be the appropriate authority to disburse the amount of compensation as the road was constructed on the land of the petitioner, at the instance of the said Panchayat Samiti. The said review petitioner sought for direction to be issued on the Sabhadhipati, Daspur-I Panchayat Samiti and the Executive Officer, Daspur-I Panchayat Samiti. Therefore, in the said review application, to avoid controversy and delay, the Court had directed the alleged contemner to take up the issue of payment of compensation to the petitioners and act in terms of the directions of the learned Single Judge, in order dated February

15, 2022, in WPA No. 9117 of 2020.

6. The petitioners have alleged in this contempt application, regarding wilful and deliberate violation of the Court’s order as above, by the said alleged contemner.

7. The petitioners are represented by Mr. Basu, learned senior counsel. He has categorically put forth the petitioner’s grievances and as to how the Court’s order has been violated by the said alleged contemner. He says that at the first instance, the alleged contemner has calculated compensation for a lesser amount of land than it has consumed for the purpose of construction of the road. He says that though 46.364 decimal of land has been utilised by the same, initially it had calculated compensation for only 30 decimal of land. However, at a later stage the error as above has been rectified and compensation has been