- (1.) Seeking initiation of proceeding under the Contempt of Courts Act, 1971, the present contempt petition has been filed.
(2.) The learned Senior counsel for the applicants submits that, this Court vide order dated 19.02.2014 in W.P.(C) No. 2615 of 2012 directed the respondents to consider the claim of the applicants for compensation in terms of Rehabilitation Package and pass appropriate order within eight weeks however, the order passed by the Deputy Commissioner, Dhanbad is in breach of direction of this Court and therefore, a proceeding under the Contempt of Courts Act, 1971 needs to be initiated. It is stated that the proceeding initiated against the applicants concluded after the S.L.P. No. 19522 of 2012 stood dismissed still, respondents have not paid compensation in terms of the Rehabilitation Package. The order passed by the Deputy Commissioner dated 18.07.2014 is not on the merits of the case rather, taking note of the pendency of Title Suit No. 179 of 2014, the claim of the applicants was not considered by the Deputy Commissioner, Dhanbad and it was ordered that after the disposal of the Title Suit, the applicants may make claim for compensation. It is further submitted that the Title Suit No. 179 of 2014 has been dismissed however, on the plea that review petition has been filed, the claim for compensation has been denied.
(3.) Mr. Abhay Prakash, the learned counsel for the respondentcontemnor nos. 2 to 4 submits that the order passed by this Court in W.P.(C) No. 2615 of 2012 with I.A. No. 236 of 2014 has been duly complied with. Order dated 18.07.2014 records chequered history of the case. It is stated that there was dispute with respect to the title of the land and at the relevant point in time, Title Suit No. 179 of 2014 was pending. Mere dismissal of the title suit cannot be a ground for directing the respondents for making payment to the applicants. There are statutory remedies available to the plaintiffs and till the time, the title of the property in question is finally decided, no direction can be issued for payment to the applicants. In terms of Rehabilitation Package one can claim compensation only after it is found that he has valid title. Referring to paragraph no. 10 of the affidavit dated 24.06.2015, the learned counsel for the respondentcontemnor nos. 2 to 4 submits that compensation, if any, can be paid to the applicants only after the amount of compensation is received from Government of India through, M/s BCCL.;