Do Social Good To Countenance Your Acts: Calcutta High Court Utilises Contempt Jurisdiction To Order Plantation Of Trees

The Calcutta High Court has recently utilised its contempt jurisdiction to direct those in violation of the Court’s orders to contribute towards social and ecological good.

In directing the contemnors to pay costs of Rs 25,000 each, to one Gram Samriddhi Foundation for utilisation in the furtherance of sustainable rural development and prosperity of villages in Bengal, as well as to plant “ten fruit-bearing trees” under the aegis of the aforesaid foundation, a single-bench of Justice Shekhar B Saraf held:

The Contemnors have graciously admitted that they have committed flagrant violation of the Court’s orders, but have further submitted that there were compelling circumstances for them to undertake such actions and tendered an unconditional apology. To secure the ends of justice, I am the view that the Contemnors must do some social good for this Court to countenance their act of contempt. Plantation of trees is one such exercise which this Court would consider because trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the people.”

Petitioners argued that the alleged contemnors had violated the Court’s orders which directed them to not transfer or alienate certain scheduled properties, which had been mortgaged to the petitioners.

It was submitted that the said properties had been mortgaged to the petitioners in lieu of finance facilities obtained by the contemnors through a loan arrangement in 2019.

Contemnors accepted the contentions raised by the petitioners, and admitted to selling or transferring flats from the scheduled property by executing deeds of conveyance, but prayed for leniency due to exigent circumstances.

In noting the unconditional apology tendered by the contemnors and their gracious admittance, the Court directed them to pay costs to the Gram Samriddhi Foundation, for the furtherance of ecological sustainability in rural Bengal, as well as to plant fruit-bearing trees with the help of the foundation, and file a compliance report in Court pertaining to the same.

Case: M/S Hytone Merchants Pvt Ltd V Prasenjit Das And Anr

Coram: Justice Shekhar B Saraf

Citation: 2023 LiveLaw (Cal) 257

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