The Supreme Court has held that when a judicial order contains clear operative directions, a contempt court cannot refuse to examine alleged non-compliance merely by terming the order “ambiguous” or “capable of two interpretations”. If a litigant asserts that the authority has violated explicit directions regarding delivery of possession, the High Court must adjudicate the grievance on merits rather than dismissing the petition at the threshold.
The Bench observed that the order dated 17.01.2003 in the writ proceedings contained specific directions requiring the Special Land Acquisition Officer to hand over possession of lands in the State Government’s custody to the petitioners on 22.01.2003, and additionally required the MIDC to return unutilised land and pay compensation until acquisition was completed. Once such statements were recorded and made part of the operative order, they were binding and enforceable.
The Court further held that when a party alleges non-delivery of possession despite such directions, the High Court is duty-bound to examine the factual record—including any award, possession receipts, or administrative files—to determine whether the order was complied with. The Court criticised the High Court for declining to consider the merits despite specific allegations and despite earlier orders directing production of original records.
Holding thus, the Bench comprising Justices Pamidighantam Sri Narasimha and Atul S. Chandurkar set aside the High Court’s decision dismissing the contempt petition and remanded the matter for fresh consideration. The Court clarified that it was not expressing any opinion on factual compliance or the validity of the alleged 1970 award, noting that the award itself had not been produced before it.
The High Court has been directed to reconsider Contempt Petition No. 315 of 2003 on merits in light of the directions and statements recorded in the 2003 writ judgment.
Case Title: Bhaskar Govind Gavate (Deceased) Through LRs. v. State of Maharashtra & Ors.
Citation: 2025 INSC 1379