Dipankar Datta, J. - (1.) This application for contempt was presented before this Court by the petitioner, Brij Ratan Mohta, alleging willful and deliberate violation of an order dated December 9, 2014 passed by a coordinate bench of this Court, of which one of us (Arijit Banerjee, J.) was a member, while disposing of F.M.A. 3285 of 2013.
(2.) A learned Single Judge of this Court while disposing of WP 16514 (W) of 2013 had required the respondents in the appeal to deliver vacant and peaceful possession of premises nos. 3 and 4/1, Sarbamangala Lane, Kolkata (hereafter the said premises) to the petitioner within two weeks from date of communication thereof. For wrongful possession of the said premises, the respondents were further required to assess and pay damages to the petitioner at the current market rental rate with effect from April 1, 1997 until possession is delivered, within four weeks of its communication. It was made clear that in default of delivery of possession or payment of damages within the time stipulated therefor, the respondents would be liable to pay interest @10% per annum on the entire amount payable to the petitioner.
(3.) In appeal, the coordinate Bench affirmed the order of the learned Single Judge and held as follows: "We see no infirmity in the order of the learned Single Judge. The respondent Authorities are obliged to pay compensation to the writ petitioner apart from handling back possession of the concerned premises to him. However, responsibility, for the omission in releasing the properties at an earlier date has to be shared by the 1st Acquisition Collector, Kolkata and the Calcutta Metropolitan Development Authority equally. Both the authorities are to be blamed for the situation and for necessarily and arbitrarily holding on to the property of the writ petitioner. The period for payment of compensation is extended by two months from date. The appellant is directed to hand over peaceful and vacant possession of the property in question in the same state and condition, as it was when possession thereof was taken from the writ petitioner within a period of four weeks from date".;