A.Sundar v. The Honble Lieutenant Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/246/2019 With WPA/248/2019 A.Sunder VS The Lieutenant Governor and others Ms. Vinita Devi ... for the petitioner (on behalf of Mr. Gopala Binnu Kumar) Mr. Dibesh Dwivedi ... for the respondents April 3, 2024 [AKB] Item No.11 & 12 This writ application is filled with the prayer for issuance of a direction upon the respondent authorities particularly respondent Nos. 5 to 7 to shift the two numbers of pipe line from the land of the petitioner to enable the petitioner to carry out the construction in his land. The writ application was filed by the petitioner on the ground that the father of the petitioner being the owner of the land bearing survey No. 90/1 measuring an area of 5500 Sq.mtrs. situated at School Line village, Port Blair Tehsil, South Andaman got recorded his name as owner.
Father of the Petitioner owned the land by the dint of sale deed dated 19.04.1985 and from then on he was in possession of the said land without any interference from any authority. Thereafter the father of the petitioner sold out 1345 Sq.mtrs of land in favour of the petitioner and remaining area of 421 Sq.mtrs in his possession in two separate survey Nos. 90/1/2/1 and 90/1/2/7 measuring an area of 334 Sq.mtrs. and 87 Sq.mtrs. respectively.
Accordingly, the said land measuring 134 Sq.mtrs. was recorded in the name of the petitioner against the survey No. 90/1/2/4.
Thereafter in the month of May, 2019 petitioner got his land inspected by Civil Engineer for making a construction for the purpose of commercial activities. In course of
inspection it was pointed out by the Engineer that two numbers of C.I. pipe line of 500 MM dia was crossing underneath the land of the petitioner and for which construction was not possible.
Learned counsel appearing on behalf of the petitioner has submitted that the petitioner made several representation to the Executive Engineer, Public Health Engineering Division, APWD, Prothrapur. Lastly on 18th July, 2019 petitioner made a reminder to the said Executive Engineer with a request to divert the said two pipe lines running through his land bearing survey no. 90/1/2/4. Learned counsel appearing on behalf of the petitioner has drawn my attention to the report of the Thesildar submitted in compliance with the order dated 15.12.2021 and submitted that the report shows nothing about acquisition of land qua survey No, 90/1/2/4.
Learned counsel appearing on behalf of the respondent, in his usual fairness, has submitted that according to the report of the Tehsildar the land involved in this writ application has not been acquired. However, before parting Mr. Dwivedi, learned counsel appearing on behalf of the respondent has submitted sufficient time may be given for shifting of the pipe lines.
It is not disputed that land of the petitioner has not been acquired at any point of time and it is also not in dispute that two pipe lines of APWD were laid on the land of the petitioner for which the petitioner was obstructed to raise any construction on his own land.
In the aforesaid facts and circumstances of the case the respondent Nos. 4 to 7 are directed to shift the two numbers of pipe lines from the land of the petitioner to enable the petitioner to carry out the construction as expeditiously as possible but not beyond six months. With the aforesaid observation both the writ petition are disposed of.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
(Bibhas Ranjan De, J.)