Case Note & Summary
The contempt petition arose from a writ petition (W.P.No.4431 of 2019) where the Court had earlier directed the removal of superstructures from an Open Space Reservation (OSR) land. The petitioner, Porur Gardens Residents Welfare Association, filed the contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging that the respondent officials—the District Collector, Thiruvallur, and the Block Development Officer/Special Officer, Villivakkam Panchayat Union—had wilfully disobeyed the order dated 19.10.2023 by not removing the superstructures. The OSR land in question measured 89,240 sq.ft., with existing structures including a temple (678 sq.ft.), a government-run gym (105 sq.m.), a toilet (17.5 sq.m.), a primary health centre (102 sq.m.), and an overhead water tank (16 sq.m.). During the hearing on 12.02.2025, the petitioner’s counsel submitted that the superstructures had not been removed. The respondents’ counsel, however, stated that the additional structures in the temple had been removed, and gave an undertaking that no further constructions would be made on the OSR land. They also assured that the remaining open area would be maintained as a park for the benefit of the local residents. The Court, considering the compliance and the undertaking, observed that the respondents had not committed any wilful disobedience of the order. Consequently, the contempt petition was closed, and the Court directed that the existing open area be maintained as a park and that no further structures be erected on the OSR land.
Headnote
A) Contempt of Court - Wilful Disobedience - Compliance with Directions - Contempt of Courts Act, 1971, Sections 11, 12 - Petitioner Residents Welfare Association alleged that respondents failed to remove superstructures from OSR land as directed by Court order dated 19.10.2023 in W.P.No.4431 of 2019. Respondents submitted that additional temple structures were removed, undertook not to put up any further constructions in the OSR land, and would maintain the remaining open area as park. Held that no wilful disobedience was established, and contempt petition was closed. (Paras 1-6)
Issue of Consideration
Whether the respondents wilfully disobeyed the court order dated 19.10.2023 in W.P.No.4431 of 2019 by failing to remove superstructures on OSR land.
Final Decision
Contempt petition closed. Court accepted respondents' undertaking that no further constructions will be made on OSR land and the remaining open area will be maintained as a park. No wilful disobedience found.
Law Points
- Contempt of Courts Act
- 1971
- Section 11
- Section 12
- wilful disobedience
- contempt petition closure
- undertaking by respondents
- OSR land
- open space reservation
- compliance
- park maintenance
