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Civil · Reportable judgment

Rupa and Co. Limited and Another vs Firhad Hakim and Others

Court
Supreme Court of India
Date
12 February 2025
Case No.
Civil Appeal No(s). 2376-2378 of 2025
Bench
Bhushan Ramkrishna Gavai, Augustine George Masih
Citation
[2025] 2 S.C.R. 648 : 2025 INSC 245
Acts & Sections
TP Act Constitution
Supreme Court Reports [2025] 2 S.C.R. 648 : 2025 INSC 245
Issue for consideration
Whether the High Court having, on earlier occasions, emphasized the necessity to abide by the command of its directions and also issuing notice to the Chief Secretary to comply with the order, was justified in directing the parties to mediation.
Headnote

Judgment/Order – Non-compliance of the order of the High Court – Aggravated contempt – HIDCO agreed to convey land to the appellants on freehold basis for Rs. 4,00,92,000/- – Appellant paid the entire amount – However, HIDCO decided that allotment would not be on freehold basis but on leasehold basis – Later, HIDCO addressed a letter stating that there would be change in proposed lease deed – Writ petition by appellants – The Division Bench of the High Court by order dated 10.02.2020 found the action of respondents therein was arbitrary and directed them to register deed of sale/conveyance – SLP filed by HIDCO was dismissed – Thereafter, the appellants alleged non-compliance of the order and filed various contempt petitions – The High Court emphasized to abide by the command of its directions – However, in one of those contempt petitions, the High Court by the impugned judgment referred the matter to mediation – Correctness: Held: The approach of the High Court in passing the impugned order is totally untenable – When the High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it vide judgment and order dated 10.02.2020 and had also issued notice to the Chief Secretary of the State for complying with the directions issued by it, it could not have referred the matter for mediation – It is further to be noted that mediation has to be by the consent of both the parties – Mediation cannot be thrusted upon either of the parties – The Division Bench of the High Court in the present case, in spite of the resistance of the counsel for the appellants herein, only on the basis of the statement of the Advocate General appearing in the matter whereby it was submitted that the State was willing to offer the appellants an alternative piece of land, has referred the matter to mediation – The approach of the State Government in the present matter can be said to be one of committing aggravated contempt – The State ought to have conveyed the land in question to the appellants on the basis of the offer made initially – Besides that, asking the appellants to pay according to the current market rate after the appellants have succeeded before the High Court and this Court is an attempt to disobey and defeat the mandamus of the High Court – The impugned order, which has the effect of undermining the dignity and authority of the High Court, is not sustainable in law. [Paras 9, 11, 13]

Read the full headnote (2 more paragraphs)

Constitution of India – Art.226 – Obedience to the command of the High Court:

Held: Under the constitutional scheme, a writ issued by the High Court in exercise of its jurisdiction under Article 226 of the Constitution of India which has not been interfered with by this Court has to be followed in letter and spirit, by all the authorities who are bound by such a writ – The majesty of law requires that due obedience has to be given to the command of the High Court under Article 226 of the Constitution of India, particularly when it is not interfered with by this Court. [Para 12]

Keywords: Article 226 of Constitution · Obedience · Command of High Court · Majesty of law · Mandamus · Contempt · Mediation · Compliance of directions

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

Full Judgment Text

Judgment B.R. Gavai, J. 1. Leave granted. 2. Heard Shri Nalin Kohli, learned Senior Counsel for the appellants, Ms. Madhumita Bhattacharjee, learned counsel for respondent No.7 and Shri Kartikeya Bhatt, learned counsel appearing for the officers of the West Bengal Housing Infrastructure Development Corporation Limited (for short, ‘HIDCO’). 3. At the outset, Ms. Bhattacharjee submits that the Chief Secretary, West Bengal has since changed and cause title may be amended accordingly. 4. We permit the appellants to forthwith amend the cause title so as to change the name of Respondent No.7 (C
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