Shri. Dharvinder Lall v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/11/2025 Shri Darvinder Lall Vs.

The Andaman and Nicobar Administration and Others Ms. G.Mini ... for the petitioner Ms. Babita Das ... for the respondent nos.1 &2 Ms. Yasmeen Begum ... for the respondent no.3 February 20, 2025 [SR] Item no. 4 1.

Affidavit of service is already on record.

2.

Ms. G.Mini, learned advocate appears for the petitioner. Ms. Babita Das, learned advocate appears for the respondent nos.1 & 2. Ms. Yasmeen Begum, learned advocate appears for the respondent no.3.

3.

The petitioner claims that by virtue of the title deed dated April 13, 2022 at page 21 to the writ petition, the petitioner along with other 11 co-owners have purchased a chunk of land. The respondent no.3 is also a named purchaser under the said title document along with the petitioner and others.

4.

The petitioner complains of encroachment at the behest of the respondent no.3 in respect of a portion of the land of the petitioner. The petitioner also complains of an unauthorized construction on the encroached land at the behest of the respondent no.3. The petitioner submitted his representation dated June 19, 2023, Annexure P-4 at page 30 to the writ

petition before the respondent no.2. But, the same has not yet been disposed of.

5.

Ms. Yasmeen Begum, learned counsel appearing for the respondent no.3, at the outset, denies and disputes the submissions of the petitioner and she further submits that there has been no encroachment and the respondent no.3 has constructed her dwelling house on her own land. 6.

Ms. Babita Das, learned counsel appearing for the respondent nos. 1 and 2 submits that it is a joint land of the joint owners named in the said title deed at page 21 to the writ petition. No partition has been effected. The respondent no.3 is one of such joint owners. She further submits that the construction caused allegedly at behest of the respondent no.3 in the year 2017-18 whereas the complaint was lodged in 2023, beyond two years. Hence, learned counsel submits that on the face of it, the complaint is barred as the same has not been lodged within the time frame provided under the Regulation 161 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 (for short, Andaman Regulation).

7.

Per contra Ms. Mini, learned counsel for the petitioner has denied and disputed the submissions made on behalf of the respondent nos.1 and 2. Relying upon the page 27 to the writ petition, she submits that the subject land is the exclusive land of the petitioner.

8.

After considering the rival contentions of the parties and upon perusal of the material on record, the respondent no.2 is directed upon issuing a prior hearing notice of at least seven

days to the petitioner and the respondent no.3 and after granting them an opportunity of hearing, to decide the said objection/representation dated June 19, 2023, Annexure P-4 at page 30 to the writ petition by passing a reasoned order, in accordance with law.

9.

The entire exercise shall be carried out and completed by the respondent no.2 positively within a period of eight weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner and the respondent no.3 positively within a further period of one week from the date of said reasoned order to be passed. 10.

It is made clear that, this Court has not gone into the merits of the rival contentions of the parties and they shall be at liberty to urge whatever points they wish to urge, by relying upon whatever records and documents they wish to rely upon before the respondent no.2 but the same shall not travel beyond the scope of the said objection dated June 19, 2023. 11.

In the event, the reasoned order confirms the encroachment and unauthorized construction, then the respondent no.2 and/or any other jurisdictional and appropriate authority of the Administration of the Islands shall take all necessary and consequential steps to give an immediate effect thereto in accordance with law but positively within a period of four weeks from the date of the said reasoned order to be passed.

12.

In the event of removal of any encroachment or unauthorized construction, the local police authority shall render all necessary assistance to the appropriate authority of

the Administration of the Islands, if such an assistance is sought for.

13.

It is made clear that this order shall not create any right or equity in favour of the petitioner or the respondent no.3, if they do not succeed to their respective claims before the respondent no.2, strictly in accordance with law. 14.

It is made clear that this order shall not be construed to be an adjudication in respect of the title and possession of the parties to whom the land belongs to.

15.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

16.

With the above observations and directions, this writ petition WPA/11/2025 stands disposed of, without any order as to costs.

( Aniruddha Roy, J. )