Island Travels Pvt. Ltd. v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/287/2019 Island Travels Pvt. Ltd vs.

The Andaman and Nicobar Administration and others Mr. Deep Chaim Kabir Mr. S.Ajith Prasad ... for the petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the Administration Ms. Anjili Nag ... for the ANIIDCO December 12, 2022 [SR] Item No.10 Mr. S.Chakraborty, learned counsel, who normally represents the Administration, is directed to represent in this matter.

The issue of maintainability was not gone into on earlier occasion by the Bench which heard this matter. The maintainability is questioned by Ms. Anjili Nag, learned counsel appearing for ANIIDCO stating that the writ petitioner is a resort and is pursuing the commercial interest. He cannot espouse the cause of a common man when is itself guided by profits.

Mr. Kabir, learned counsel appearing for the petitioner relying upon the decision of Goa Foundation and other vs Fomento Resorts and Hotels Limited and others of the Supreme Court reported in (2009) 3 SCC 739 and submits that access to beach is a right that should be available to all persons. The actions of the respondents have the effect of negating such rights.

It is also submitted that the share holder of the petitioner are individuals also affected by the inability to access beach.

This Court, given the judgment of the previous bench dated 25th November, 2022 is of the view that the issue could be put to rest directing compliance by the Commissioner of the portion of the order at paragraph

20. The commissioner shall make a field enquiry and prepare a report and/or observations that may be circulated between all the parties.

Based on the report, any cause of action of any party can be pursued in accordance with law. It is made absolutely clear that the maintainability of issue of the writ petition has not been addressed. It is left open to be addressed in any subsequent proceeding. The writ petition shall stand disposed of.

Mr. Kabir, learned counsel for the petitioner undertakes to file the second copy of the writ petition in course of this day.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. ) ( Bibhas Ranjan De, J.)