Calcutta HC Directs State To Pay ₹30 Lakh Compensation For Demolishing Structures During Pendency Of Writ In Flagrant Violation Of Its Stay Orders

Holding the authorities in contempt of the Court's orders, a single bench of Justice Moushumi Bhattacharya said that:

"The dignity and majesty of a Court is lowered not only from the willful disobedience of its orders and directions, but also from an act amounting to interference with the administration of justice. The alleged contemnors have lowered the dignity and majesty of this Court by willful disobedience of the order dated 13.12.2022 and by attempting to frustrate the order by demolishing the subject matter of the dispute."

The matter had reached the High Court when the petitioners filed a writ petition challenging a notice which was issued on December 9 by the Assistant Engineer, Tamluk Highway Sub-Division P.W. (Roads) Directorate for eviction of alleged unauthorised encroachments of petitioners under Section 10(4) of the West Bengal Highway Act, 1964.

Since the demolition had begun at 10:00 A.M. on December 13, the matter was taken up by the High Court on December 13, urgently. The Court in its December 13 order had observed that petitioners should have been given notice before any steps towards demolition were taken under Section 51B (1) of the Act.

Accordingly, the Court had then directed the respondents to stop any further demolition being made until the matter was heard out on affidavits.

However, in a flagrant violation of the orders of the Court, the structures of petitioners were reduced to rubble. Justice Bhattacharya noted that the act of contemnors was in clear defiance of Court orders. The Court said that:

"It is evident that the conduct of the respondent-contemnors is in clear defiance of the order passed by the Court. The defiance arose in two stages; first, when the alleged contemnor was made aware that the matter would be heard on 13.12.2022 and second, after the alleged contemnors were verbally communicated of the order and later with the gist of the order at 1:20 PM/2:16 PM respectively on 13.12.2022. The alleged contemnors (in their wisdom) thought it expedient to erase the subject matter of dispute and render the writ petition infructuous."

Accordingly, the Court ordered the authorities to pay Rs. 30 lakhs to the petitioners within a fortnight from the date of the order passed on December 21, for willfully disobeying the orders of the Court.

The matter is now listed for January 6.

Case Title: Israt Begam and Another v. State of West Bengal and Others

Citation: CAPN No. 1428 of 2022 in WPA No. 27501 of 2022

Coram: Justice Moushumi Bhattacharya

Citation: 2022 LiveLaw (Cal) 374 

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