Summary
The contempt court exceeded its jurisdiction by enhancing land compensation to Rs.600 per square foot when the original writ order had merely directed the authorities to determine and pay fair compensation. The authorities had promptly conducted an inquiry, fixed Rs.200 per square foot with interest and paid it. No wilful disobedience was established. The later Collector’s enhancement to Rs.500, made under fear of contempt, was also rejected; an oral concession could not sustain it.
Issues
- Whether contempt jurisdiction permitted enhancement of compensation beyond the original writ directions despite administrative compliance.
Held
- Contempt for disobedience requires wilful non-compliance. The original order directed determination and payment of fair compensation, and the authorities promptly processed, determined and paid the amount. The landowner had not separately challenged the determination through a lawful proceeding. (¶ 11–14)
- The Collector’s subsequent Rs.500-per-square-foot valuation arose under fear of contempt and was liable to be quashed. The landowner could not rely on counsel’s oral concession concerning that amount without an affidavit from a responsible officer, particularly when the underlying determination was itself being quashed. (¶ 15–16)
- A contempt court must remain within the explicit or self-evident directions of the original order, without reopening issues, adding relief or assuming appellate or review functions. Fixing Rs.600 per square foot was an impermissible new compensation determination. (¶ 17–18)
Result
Appeal allowed; Single Judge’s contempt order and Division Bench affirmance set aside. The subsequent Collector’s enhancement under fear of contempt was also quashed in the judgment.