9911796707
TMI Blog2000 (4) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... compensation money determined in terms of order of the learned Land Acquisition Judge in respect of the lands acquired by the State as mentioned in the order and decree within two weeks from the date of the order without prejudice to the rights and contentions of the parties in such proceedings. Further, the Court did not pass any order on the application filed by the Collector for vacating the Rule issued in the contempt proceeding holding that Collector cannot go behind the Award passed by him as provided under the Land Acquisition Act. It is the contention of the appellant that the land in question has vested in the State Government under the Estates Acquisition Act, 1953 and the intermediaries were paid the compensation under the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. Thereafter, the claimants filed an application stating that the officers of the State of West Bengal were in contempt for not having complied with the order of the High Court. It is also pointed out that against the order of the High Court directing that 2/3rd of the compensation be paid to the claimants, the State approached this Court by filing a petition but the same was withdrawn with liberty to move the High Court for suitable orders. Subsequently, claimants filed an application before this Court seeking clarification of order dated 09.9.1992. This Court vide order dated 23.8.1993 clarified its order by stating that order dated 09.9.1992 does not, in any way, come in the way of claimants getting the admitted compensation. Subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or misused. Normally, it cannot be used for execution of the decree or implementation of an order for which alternative remedy in law is provided for. Discretion given to the Court is to be exercised for maintenance of Courts dignity and majesty of law. Further, an aggrieved party has no right to insist that Court should exercise such jurisdiction as contempt is between a contemnor and the Court. It is true that in the present case, the High Court has kept the matter pending and has ordered that it should be heard along with the First Appeal. But, at the same time, it is to be noticed that under the coercion of contempt proceeding, appellants cannot be directed to pay the compensation amount which they are disputing by asserting that claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellants that respondents want to take undue advantage of pending contempt proceedings and coerce the officers of the State in making payment on the basis of the award even though they are not entitled to recover the same as the property had already vested in the State and that the appellants were required to pay in all approximately Rs. 50 lakhs to the claimants. In our view the aforesaid contention of the learned counsel for the respondents requires to be rejected on the ground that after receipt of the notice, concerned officers tendered unconditional apology and after accepting the same, the High Court rejected the prayer for discharge of the Rule issued for contempt action. When the Court either suo moto or on a motion or a referenc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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