Shri. V. Ravichandran And ANR. v. The Lt.Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] ...
WPA/8463/2020 Shri. V.Ravichandran and another Vs.
The Lt. Governor and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the respondents December 21, 2023 [AKB] Item No.3 The present writ petition has been preferred praying for setting aside of the show cause notice dated 18th September, 2019 issued by the respondent No. 3 directing the petitioners to stop all ongoing constructions and to vacate the unauthorized occupation over the Govt. Nallah and also the impugned order dated 22.11.2019 again issued by the respondent No. 3 directing the petitioner to remove the building/structure from the Govt. Nallah and vacate the same by 25th November, 2019.
On hearing the submission of the learned counsel for the petitioners and the respondents, it appears that at page 43 (annexure P 5) is an order dated 04th January, 2019 issued by the Tehsildar, Port Blair under Section 153 of the Andaman and Nicobar Islands Land Reforms and Land Revenue Regulations, 1966, wherein it has been noted as follows in respect of the vendor of the petitioners:- "I, therefore in exercise of power conferred on me under section 153 of A&N Islands LT & LLR, 1966 hereby accept the surrender of land measuring an area 90 Sq. mtr. Out of Sy.No. 19/1 area 480 Sq. mtrs. Situated at Austunabad village under Port Blair Tehsil for construction of approach path /road from share of Shri Madan Lall.
The surrender is accepted unconditionally as offered by the tenants. The tenants are not entitled to any compensation, whatsoever, either in terms of alternative allotment in lieu or in terms of cash." It thus appears that an area of 90 Sq.mtrs was handed over to the authorities on 04.01.2019.
Subsequently, on 22.11.2019, another notice was issued to the petitioners directing them to remove the building structure from the Govt. Nallah and vacate the Govt. Nallah by 25.11.2019.
From the affidavit-in-opposition filed on behalf respondent No. 1 and 2, it appears from annexure R 3 at page 19 of the said affidavit-in-opposition, that the petitioners have filed an application before the Court of the Tehsildar, Port Blair in TPB RC No. 2641-TPB-2019 stating therein that they being the joint recorded tenant to the land in question have given an undertaking before the Court that they would remove portion of the building which is standing upon the Nallah as identified by the authorities and have prayed for fifteen days to do so. The said application is dated 26.11.2019. As per prayer of the petitioners, fifteen days time was allowed to the petitioners as prayed for vide an order dated 26.11.2019 in the said proceedings.
Thus considering prayer of the petitioners before the authorities made on 26.11.2019 and being given fifteen days to comply with the said order, which was as prayed for, by the petitioners, the prayer of the petitioner is now infructuous.
The dispute regarding the location and position of the Govt. Nallah and other related factors are matters for adjudication by a Civil Court as that requires survey, inspection and field work on the basis of relevant maps. Accordingly, the writ petition is dismissed.
(Shampa Dutt (Paul), J.)