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Civil · Reportable judgment

Mahant Lalita Sharanji vs Deoki Devi

Court
Supreme Court of India
Date
16 February 2018
Case No.
Contempt Petition (Civil) No. 1758 of 2017
Bench
Madan B. Lokur, Deepak Gupta
Citation
[2018] 1 S.C.R. 476 : 2018 INSC 155
Supreme Court Reports [2018] 1 S.C.R. 476 : 2018 INSC 155
Headnote

Contempt of Court – Construction over the disputed land by respondent, in violation of the interim order – Contempt petition against the respondent – During pendency, demolition of offending construction by the respondent – Disposal of the contempt petition as also undertaking by the contemnor that the existing built up construction would not be used for human habitation till the disposal of the appeal – However, respondent again raised construction on the same land and was residing therein – Second contempt petition – Respondent’s case that due to the dilapidated nature of the property, she carried out some maintenance work but was not using the same – Held: In case respondent felt that the property is going to waste, the proper course for her was to approach this Court either for modification of the earlier order of injunction or to seek fresh order to protect the property – She could not have taken the law in her own hands and totally violated the interim order of injunction granted by this Court – Photographs of the property clearly show that it was being put to commercial and residential use – Conduct of respondent is contemptuous – It seems that since respondent got off very lightly in the earlier contempt proceedings, she felt that she could take the law into her own hands – Respondent not only wilfully and knowingly disobeyed the interim order of this Court, but also violated her solemn undertaking given to this Court and the order passed in the earlier contempt proceedings – Therefore, she is guilty of civil contempt – She has not even tendered an apology-qualified or unqualified – There is no redeeming factor except the fact that she is a lady aged 63 years – Respondent sentenced to simple imprisonment for 3 months with fine of Rs.2000 – In case the respondent removes the entire construction and hand over the vacant and peaceful possession of the land within the stipulated period, the sentence of imprisonment would be suspended.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by DEEPAK GUPTA J. 1. The petitioner filed Special Leave Petition (Civil) No. 14543 of 2006, in which a prayer for grant of interim relief was made and it was prayed that this Court may grant ex parte stay of the impugned judgment dated 10.03.2006 passed by the High Court of Allahabad in Civil Miscellaneous Writ Petition No. 12972 of 1984. Further prayer made was that Deoki Devi, be restrained from raising any construction over the land in dispute being part of Plot No. 212/2 situated on Vrindavan Chatikara Agra Main Road and from changing the nature of
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