MAHANT LALITA SHARANJI versus DEOKI DEVI

Citation: [2018] 1 S.C.R. 476 · Decided: 16-02-2018 · Supreme Court of India · Bench: MADAN B. LOKUR

Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 1 S.C.R.
MAHANT LALITA SHARANJI
v.
DEOKI DEVI
(Contempt Petition (Civil) No. 1758 of 2017)
In
(Contempt Petition (Civil) No. 258 of 2010)
In
(Civil Appeal No. 394 of 2009)
FEBRUARY 16, 2018
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.]
Contempt of Court – Construction over the disputed land by
respondent, in violation of the interim order – Contempt petition
against the respondent – During pendency, demolition of offending
construction by the respondent – Disposal of the contempt petition
as also undertaking by the contemnor that the existing built up
construction would not be used for human habitation till the disposal
of the appeal – However, respondent again raised construction on
the same land and was residing therein – Second contempt petition
– Respondent’s case that due to the dilapidated nature of the
property, she carried out some maintenance work but was not using
the same – Held: In case respondent felt that the property is going
to waste, the proper course for her was to approach this Court
either for modification of the earlier order of injunction or to seek
fresh order to protect the property – She could not have taken the
law in her own hands and totally violated the interim order of
injunction granted by this Court – Photographs of the property
clearly show that it was being put to commercial and residential use
– Conduct of respondent is contemptuous – It seems that since
respondent got off very lightly in the earlier contempt proceedings,
she felt that she could take the law into her own hands – Respondent
not only wilfully and knowingly disobeyed the interim order of this
Court, but also violated her solemn undertaking given to this Court
and the order passed in the earlier contempt proceedings – Therefore,
she is guilty of civil contempt – She has not even tendered an
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apology-qualified or unqualified – There is no redeeming factor
except the fact that she is a lady aged 63 years – Respondent
sentenced to simple imprisonment for 3 months with fine of Rs.2000
– In case the respondent removes the entire construction and hand
over the vacant and peaceful possession of the land within the
stipulated period, the sentence of imprisonment would be suspended.
CIVIL ORIGINAL JURISDICTION: Contempt Petition (C) No.
1758 of 2017 in Contempt Petition (C) No. 258 of 2010 in Civil Appeal
No. 394 of 2009.
From the Judgment and Order dated 10.03.2006 of the High Court
of Judicature at Allahabad in Civil Misc. Writ Petition No. 12972 of
1984.
Neeraj Kumar Jain, A. Mariarputham, Sr. Advs., T. N. Singh,
Ms. Aruna Mathur, Ms. Anuradha Arputham, Sanjay Singh, Vikas K.
Singh for the Petitioner.
Deeptakirti Verma, Adv. for the Respondent.
The Judgment of the Court was delivered by
DEEPAK GUPTA J. 1. The petitioner filed Special Leave
Petition (Civil) No. 14543 of 2006, in which a prayer for grant of interim
relief was made and it was prayed that this Court may grant ex parte
stay of the impugned judgment dated 10.03.2006 passed by the High
Court of Allahabad in Civil Miscellaneous Writ Petition No. 12972 of
1984.  Further prayer made was that Deoki Devi, be restrained from
raising any construction over the land in dispute being part of Plot No.
212/2 situated on Vrindavan Chatikara Agra Main Road and from
changing the nature of the land in dispute.  This Court, while issuing
notice on this petition on 11.09.2006, directed that status quo shall be
maintained.  Thereafter, leave was granted on 05.01.2009 and it was
directed that the interim order was to continue.
2. Despite the interim orders, Deoki Devi raised construction
whereafter the petitioner filed a complaint on 02.10.2010 before the
Officer In-charge of Police Station Vrindavan and thereafter, filed
Contempt Petition No. 258 of 2010 in this Court.  Notice on the said
contempt petition was issued to Deoki Devi on 08.10.2010 and it was
again directed vide order dated 22.11.2010 that no construction of any
MAHANT LALITA SHARANJI v. DEOKI DEVI
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nature – temporary or permanent, shall be raised.  When the contempt
proceedings were pending, Deoki Devi filed reply to the same.  Initially
she contested the contempt proceedings but then she admitted that in
the year 2010 heavy rains had lashed the area of Mathura-Vrindavan
and because there was imminent danger to the building, she had carried
out some repair works.  However, on 31.01

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