Arun Kumar Agarwal v. The Andaman And Nicobar Admin., Dep Of Land And ORS
(Through Video Conference) 17.01.2022 serial no. 01 Dd
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT PORT BLAIR ANDAMAN & NICOBAR ISLANDS WPA 1 of 2022 Arun Kumar Agarwal Vs.
The Andaman and Nicobar Administration, Department of Land & Ors.
Mr. Supratic Roy, Mr. Ajit Keshari, Advocates ... ... for the Petitioner Let the affidavit-of-service filed by the petitioner be kept with the record.
Despite service, none represents the respondents.
The petitioner in this writ application has challenged an order dated December 14, 2021 passed by the Sub-Divisional Officer, South Andaman, whereby the petitioner was directed "to stop all the activities upon the land until the land diverted into the purpose for which it is being used presently".
It appears that the petitioner has occupancy right in respect of an agricultural land which was converted into a commercial land for the purpose of
development of eco-friendly tourism by an order dated March 5, 2015 passed by the Sub-Divisional Officer, South Andaman.
The petitioner, admittedly, has been running a furniture shop on the said land.
By the order impugned dated December 14, 2021 the Sub-Divisional Officer, South Andaman observed that the petitioner had constructed the shop with steel structure instead of using the same for the eco-friendly tourism purpose.
It has been submitted by the learned advocate for the petitioner that the petitioner made an application for allowing him to use the land in question for furniture shop.
It appears that following the said application, an opinion was sought from the Town and Country Planner of Andaman and Nicobar Administration. By an order dated March 18, 2020 the said Town and Country Planner opined as follows :- " ... ... ...However, as per your letter, the Applicant has constructed a permanent structure and running a shop for selling furniture and other items but the portion of land in which he has constructed the shop is not mentioned. In case the Building constructed by the Applicant falls within the Parks & Open Spaces Landuse Zone (Hatched portion on the Record Entry Sketch), the land
can be diverted for Commercial purpose only for selling of furniture and other household items that is without any manufacturing activity."
It has been further pointed out by the learned advocate for the petitioner that the respondents have not yet finally decided his prayer for diversion allowing him to run the furniture business.
I am of the opinion that since the petitioner has been running the furniture shop in question on the relevant land for a considerable period within the knowledge of the respondent authorities, and his application for diversion is under active consideration by the respondents, his business activities should not be suddenly stopped by the respondents without deciding his application finally. In that view of the matter, this writ petition is disposed of with a direction upon the respondents to consider the prayer of the petitioner for diversion so as to permit him to run his present business within a period of two months from date. The operation of the impugned order dated December 14, 2021 shall remain stayed for the said period of two months. If the authorities upon consideration of all relevant facts, allow the petitioner's prayer for diversion, they will not give any effect to the order dated
December 14, 2021, passed by the Sub-Divisional Officer, South Andaman, and in the event the prayer of the petitioner does not find favour with the respondent authorities, they will be at liberty to implement the order dated December 14, 2021, in accordance with law.
(Kausik Chanda, J.)