IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 2731 of 2025

In R/SPECIAL CIVIL APPLICATION NO. 15877 of 2018

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA

and

HONOURABLE MR.JUSTICE L. S. PIRZADA

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Approved for Reporting Yes No

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KIRAN VRAJLAL CHUDGAR & ORS.

Versus

RAVI CHANDRA - PROJECT DIRECTOR - NATIONAL HIGHWAYS

AUTHORITY OF INDIA LIMITED & ANR.

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Appearance:

MR GM AMIN(124) for the Applicant(s) No. 1,2,2.1,2.2

MR MITRAJEET SHUKLA, AGP for the Respondent No.2

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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

And

HONOURABLE MR.JUSTICE L. S. PIRZADA

Date : 28/11/2025

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr.G.M. Amin for the applicants and learned Assistant Government Pleader

Mr.Mitrajeet Shukla for the respondent No.2.

2. This application is filed under Article 215 of the

Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 (for short ‘the Act’), on the allegation of willful disobedience of the Judgment and Order dated 11.12.2024.

3. Learned advocate Mr.G. M. Amin, referring to the aforesaid order passed by the Division Bench of this Court in Special Civil Application No.15877 of 2018, has drawn attention to paragraph 15 thereof to point out that the respondent authorities have been directed to disburse the compensation to the landholders under the original awards, on the applications made by them, after due verification and that the National Highway Authority has been further directed to deposit the entire amount of compensation determined under the original award at the earliest. Learned advocate Mr.Amin has further referred to the letter dated 14.08.2025 issued by the Competent Authority (NH-8) and the Special Land Acquisition Officer, Ahmedabad, addressed to the Project Director (NH-8), calling upon him to deposit the said amount so as to comply with the directions issued by this Court vide order dated 11.12.2024.

4. Learned advocate Mr.Amin has also referred to the various communications mentioned in the memo of the petition, particularly in paragraphs 6, 7, and 8, to point out that in-spite of various communications issued by the Special Land Acquisition Officer, the National Highway Authority has neither responded nor deposited the amount in accordance with the directions of this Court, and therefore there is willful disobedience and contempt of the directions issued by this Court.

5. On perusal of the provisions of the Contempt of Courts Act, it appears that Section 10 provides for the power of the High Court to punish for contempt of Subordinate Courts, which reads as under:- “Section 10 – Power of High Courts to Punish Contempts of Subordinate Courts Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt of courts subordinate to it as it has and exercises in respect of contempts of itself.

6. Section 12 of the Act provides for the punishment for Contempt of Court, which reads as under:

“Section 12 – Punishment for Contempt of Court Section 12(1)

Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:

Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.

Section 12(2):

Notwithstanding anything contained in any other law for the time being in force, no court shall impose a sentence in excess of that specified in this section for any contempt either in respect of itself or of a court subordinate t