Har Jeevan Ram v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/70/2021 Har Jeevan Ram Vs The Lieutenant Governor and others Mr. KMB Jayapal ... for the petitioner Mr. V.D.Sivabalan ... for the respondents October 11, 2023 [SR] Item No.31 The petitioner seeks parity with the similarly situated writ petitioners in earlier appeals, being MA Nos./28/2019, 29/2019, 30/2019, 31/2019 and 32/2019.

The petitioner contends that he was the recorded owner of the plot in question which was acquired by the respondent authorities under the Land Acquisition Act, 1894 for the purpose of dumping excess soil due to extension of airport at Port Blair. Award was granted to the petitioner by the Administration. The Administration did not utilize the land for the purpose for which it was acquired.

The petitioner seeks issuance of notification by the authority under section 48 of the Act of 1894 for return of the land in favour of the petitioner.

In the earlier appeals as referred to above, the Hon'ble Division Bench of this Court, by an order passed on September 02, 2019, directed the Administration to consider issuance of notification under section 48 (1) of the Act of 1894 and afford an opportunity of hearing to the appellant in issuing the notification, if required.

Learned counsels for the parties submit that similar order be passed in the present writ petition also. The notification earlier issued by the authority on 20th November, 2000 is required to be set out.

"Whereas the said land located at Prothrapur so specified is not required for the said purpose since the

physical possession of the said land was not taken from the tenants.

Now, therefore in exercise of the power conferred under sub-section (1) of section 48 of the Land Acquisition Act, 1894 the Lt.Governor declares that 3 the above said land located at Prothrapur since notified for acquisition for the purpose of dumping of excess soil is not required and is hereby withdrawn from the acquisition with immediate effect."

In view of the above, the writ petition is disposed of directing the concerned authority, being the third respondent herein, to consider issuance of the similar notification in favour of the petitioner within six weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, if required, in accordance with law. In the event the authority takes a decision in the negative, a reasoned order should be passed demonstrating the reasons therefor.

The writ petition being WPA/70/2021 is accordingly disposed of. There shall, however, be no order as to costs. Since affidavit has not been invited, the allegations made in the writ petition are deemed not to have been admitted.

Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

( Suvra Ghosh. J.)