- (1.) These are two applications - one filed by the decree-holder Jagdambari Post Office Bachao Sangarsh Samiti and another for initiating proceedings for contempt against certain officials of the Posts and Telegraph Department, and the other by the Union of India for extension of time to vacate the demised premises.
(2.) After hearing learned counsel for the parties in Special Leave Petition (C) Nos. 13607 of 1986 and 387 of 1987, the court dismissed the special leave petitions and passed the following order on 2/03/1987 : Special leave petitions are dismissed with the direction that the order for eviction shall not be enforced for a period of four months from today. Respondent 4 is granted four months time from today to vacate the demised premises subject to the filing of the usual undertaking within three weeks from today. This shall however be without prejudice to the right of the government to acquire property under S. 6 of the Land Acquisition Act, 1894. In the event of notification being issued under S. 4 and 6 of the Act, respondent 3 will have the right to challenge the same.
(3.) Normally this court takes a very serious view when there is a breach of undertaking by the judgment-debtor to vacate the demised premises and the practice is to initiate proceedings for contempt as well as to direct delivery of immediate possession by issue of warrants. However, we do not think it proper to adopt that course in the facts and circumstances of the present case. Here, the order granting time to respondent 4 Union of India to vacate the demised premis taken necessary steps for acquisition of the demised premises by issue of the usual notificatn under S. 4 of the Act declaring that the demised premises are required for a public purpose, namely, for location of the Jagdambari Post Office. He states that the government has not only issued the usual notification under S. 4 of the Act but also followed it by a notification making the requisite declaration under S. 6 as well as a public notice under S. 9. He also makes a statement that all the arrears in terms of the courts order have been deposited within the time allowed. In the circumstances, we do not think any useful purpose would be served by implementing the first part of the order taking into account the subsequent events.;