Shri. S. M. Mustafa v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/237/2019 Shri. S. M. Mustafa Vs.

The Andaman and Nicobar Administration and ors. Mr. K. M. B. Jayapal [through virtual mode] Mr. C.Mano ... for the petitioner Mr.Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 22, 2023 [SR] Item No.10 1.

The subject matter of challenge is the construction of forest pillars over the land bearing survey No.259/7/P/15 comprising an area of 2795 sq.mtrs situated at Prothrapur Village under Port Blair Tehsil.

2.

Mr. Jayapal, learned counsel for the petitioner submits that the Forest Department has no jurisdiction and authority to take possession of the land in question and raised pillars in the land belonging to the writ petitioner.

3.

It appears that, pursuant to an order passed by the Coordinate Bench, a joint inspection was carried by the Forest and the Revenue officials. From the original report submitted, it appears that the forest and revenue officials are at loggerhead as both of them has made a claim over the land in question. 4.

By reason of such disagreement, the petitioner is suffering.

5.

In view of the fact that the petitioner has been paying revenue and the revenue authorities have clearly stated that as per the revenue field map the area is under revenue village boundary no coercive measures shall be taken by the Forest Department against the petitioner and the Forest Department shall not prevent the writ petitioner from entering into the said property and enjoy the said property as a revenue land till a final decision is taken by the appropriate authority.

6.

This court feels that the Chief Secretary, A & N Administration will be the competent person to resolve the issue. Accordingly, I direct the Chief Secretary to decide the issue with regard to the land in question after giving reasonable opportunity of hearing to the forest and revenue department as well as the writ petitioner within a period of four months from the date of communication of this order.

7.

The forest and revenue departments shall produce all relevant records before the Chief Secretary in order to enable him to decide the matter.

8.

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

( Soumen Sen, J. )