K.J.Sengupta, J. - (1.) All the three matters have the common origin, as to question of payment and non-payment of the claims and dues of the writ petitioner in terms of the Order dated 9th May, 1996, passed by B.P. Banerjee, J. (as His Lordship then was) in C.O. No. 6681(W) of 1996. The first two matters are contempt application of the allegation of non-compliance of subsequent Orders dated 4th August 1998 and 9th December 1998 passed in the contempt proceedings itself. The third application is for appropriate Order and/or direction upon the BOrder Security Force (BSF) authorities for supply of necessary funds for payment of interest. Before I consider the applications for contempt and the above application, I for the convenience sake narrate the short fact.
(2.) The land with structure comprised of the premises No. 20/1, Gurusaday Road, Calcutta was acquired by the then First Land Acquisition Collector for the requirement of the BSF authorities, under the provision of Land Acquisition Act, 1894 (hereinafter referred to as the said Act). Therefor, an award of a sum of Rs. 58,98,171.90 was passed in the said land acquisition case being numbered D-2/86. Possession of the said premises was taken on 18th February 1987. The original owner of the said property was one Nawab Sir. Kazii Golam Mohiuddin Faroqui since deceased, and on his death on the strength of his last will and testament followed by grant of probate dated 9th April 1990 the petitioner, namely Krishna Vir Singh, as an Executor was entitled to receive the aforesaid compensation amount. Therefore the petitioner once attempted to stall the acquisition proceedings by filing a writ petition on or about 11th February 1987, when Ajit Kr. Sengupta, J. (as His Lordship then was) pleased to pass an Order restraining the Land Acquisition Collector and other officials from taking any step and further step, pursuant to the aforesaid acquisition. The said writ petition, however, was dismissed as being withdrawn on 10th of March, 1987 and thus, the interim Order passed thereon stood vacated on 17th of March, 1987, pursuant to the Order of dismissal as aforesaid. Other facts stated by the petitioner which, in my view, are not so much important nor relevant for deciding these contempt applications. On 9th May 1986 the second writ application was filed and on that writ petition B.P. Banerjee, J. was pleased to pass an Order on 9th May 1986, which is reproduced hereunder :- .........Let the matter appear in the list as a Contested Application four weeks after the summer vacation. Let the affidavits, if any, be filed in the meantime. There will be an interim Order directing the respondents concerned to pay the amount under the Award to the petitioner along with interest and solatium which has already been determined within four weeks from date......
(3.) A contempt application was taken out, alleging non-compliance and/or violation of the aforesaid Order for non-payment of the amount of the award, along with interest and solatium. The said first contempt application was disposed of by an Order dated 9th June 1987 by B.P. Banerjee, J. by allowing the petitioner to withdraw a sum of Rs. 38,98,619.00 which was then kept in fixed deposit with Allahabad Bank, pursuant to the previous Order of the Court. After disposal of the said first contempt application, an application dated 8th July 1998 was taken out, alleging non-payment of interest, under section 34 of the Land Acquisition Act, 1894 and the solatium as has been determined upto that date. On 4th August 1998 on the application dated 8th July 1998 an Order was passed by B.P. Banerjee, J. in the manner as follows:- .........From the amount of the award together with interest accrued thereon as per provision of law the estate duty liability including Income Tax arrears shall be deducted if the same has not been done so and the balance amount to be paid to the petitioner within a period of one month from today. At the time of calculation break up of calculation as claimed by the petitioner in this application should be taken into consideration and the balance amount should be fixed up including the interest payable under section 34 of the Act by a speaking Order and details of the same......;