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Issues involved: Contempt of court for violation of High Court's order dated 18.08.2011 regarding Final Development Plan 2025-AD for Gurgaon-Manesar Urban Complex.
Summary: The Respondent filed a Public Interest Litigation challenging the Final Development Plan for Gurgaon-Manesar Urban Complex, alleging violation of Zoning Regulations. High Court issued an interim order on 18.08.2011 maintaining status quo on allotments. The Appellant, Director General of Town & Country Planning, granted a license for a Residential Plotted Colony on 28.12.2011, leading to a contempt proceeding. The High Court found the Appellant guilty of contempt for violating the order by granting the license. The Appellant contended that no violation occurred as no allotments were made and explained the different treatment for plotted colonies. The High Court held that the order imposed a comprehensive embargo on all licenses, leading to the contempt finding. The Supreme Court considered the terms of the High Court's order, the responses, and subsequent facts. It emphasized that contempt charges require clear and unambiguous orders, with defiance apparent on the face of the action. The Court noted that the High Court's order did not explicitly prohibit licenses under the Haryana Act of 1975. The Appellant had tendered an unqualified and unconditional apology, which should be accepted if made bona fide. The Supreme Court also highlighted that the writ petition challenging the development plan was dismissed and had attained finality in law. Consequently, the Supreme Court set aside the High Court's order of 23.07.2012 and allowed the appeal.
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