Smti. Jai Lakshmi v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/219/2019 Smt Jai Lakshmi Vs.

The Andaman and Nicobar Administration and others Mr. KMB 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.9

1. Prima facie it appears that a license was granted in favour of the petitioner on 06.01.1989 by the Deputy Commissioner, Port Blair in Plot No.25/5 measuring area of 0.02 hectares situated at Village Dolly Gunj. The petitioner applied for determining and assessing the premium of the licensed land.

2. It appears that in an earlier writ petition being WP/226/2016, an order was passed by the learned Single Judge on 10th August, 2016 by which a direction was given upon the authority concerned to consider the representation dated 28th March, 2016 for acceptance of the premium in respect of the licensed land. The said representation was not considered.

3. The short issue in this writ petition is with regard to assessment of the premium payable by the petitioner for the licensed land to occupy land for house site.

4. The learned counsel for the petitioner has referred to two orders passed in the earlier proceedings by a Coordinate Benches by which authorities were directed to to assess the premium amount payable for issuance of licence and to take benefit thereto.

5. The respondent authority did not accept the premium on the allegation that the licensed document has been forged and fabricated.

6. The Coordinate Bench on 16th December, 2022 directed the Tehsildar, Port Blair to register a formal complaint with the local police in respect of the forgery and fabricating alleged against the writ petitioner. The said order was, however, set aside by the Division bench and the matter was remanded for consideration upon exchange of affidavits.

7. It appears that the basis of the claim for forgery is based on the order passed by the revenue court in regard to in respect of Shri Brij Lall S/o Ram Avtar in Survey No.25/5 for 0.02 hectares. It was found that he was occupying the government land measuring area of 0.02 hectares bearing survey No.25/P during the year 1978. His case was also recommended by the High Powered Committee.

8. Under such circumstances, I direct similar exercise to be undertaken by the respondent and in the event the petitioner is able to establish that he was a pre-1978 encroacher, he would be entitled to be treated similarly by the High Power Committee Moreover, prima facie it appears that the license was granted by the Administration in favour of the petitioner.

9. Under such circumstances, I dispose of the writ petition by directing the Deputy Commissioner, South Andaman to decide upon given reasonable opportunity of hearing to the petitioner whether the petitioner is a pre-1978 encroacher and in the event the claim of the writ petitioner is established to extend the same benefit that was extended to Ram Kishan.

10.

In the event, the claim of the writ petitioner is established, it is needless to mention that the authorities concerned shall determine and assess the premium of the licensed land. Until the matter is decided, no coercive measures be taken against the writ petitioner.

11.

The entire exercise shall be completed within a period of eight weeks from the date of communication of this order by either of the parties.

12.

The writ petition is disposed of, howeve, there shall be no order as to costs.

13.

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

( Soumen Sen, J. )