Smti. Laxmi Kumari Mondal v. The Deputy Commissioner

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/47/2024 Smt Laxmi Kumari Mondal Vs.

The Deputy Commissioner Mr. Ananda Halder ... for the petitioner Mr. V.D.Sivabalan ... for the respondent February 5, 2024 [SR] Item No.7 The petitioner prays for a direction on the respondents, Deputy Commissioner, Sub Divisional Officer and the Tehsildar, South Andaman District to consider an application made by the petitioner for diversion of land on 20th January, 2022. The petitioner also prays for stay of an order passed by the Tehsildar, Ferrargunj on 22nd December, 2023 with a direction on the petitioner to stop the construction activities with immediate effect.

It appears from the submissions made on behalf of the parties that the petitioner is admittedly the recorded tenant of the areas of land bearing Survey Nos.93 and 94. The petitioner applied in the prescribed format under Rule 4A of the Andaman and Nicobar Islands Land Revenue and Land Reforms Rules, 1968 for permitting the petitioner to divert the land for the purpose of making a construction for residential purposes. The authorities/Sub Divisional Officer, South Andaman District, however, sat over the representation and remained silent from 20th January, 2022 till 22nd December, 2023 i.e. almost for two years.

The Tehsildar, Ferrargunj proceeded to pass the impugned stay order dated 22nd December, 2023 directing the petitioner to immediately stop construction activities on the site on the ground that the construction being allegedly in violation of the Andaman and Nicobar Islands Land Revenue and Land Reforms Rules, 1968.

The report of the Assistant Commissioner, South Andaman District records the application made by the petitioner and admits that all diversion cases including the case of the petitioner have been kept pending "for finalization of policy decision". The report finds that the petitioner had illegally diverted the land by constructing a building. On considering the facts brought to the notice of this Court, the Court is of the view that the impugned stay order issued to the petitioner for stopping construction activities cannot be sustained when the authorities chose to remain quiet for almost two years without disposing of the petitioner's representation. This fact is duly admitted in the report filed by the authorities on 30th January, 2024. The authorities should have first disposed of the representation by giving clear reasons on the alleged illegal nature of construction and only thereafter proceeded to take necessary steps in accordance with law. In the absence of aforesaid, the stay order must be interfered with.

WPA/47/2024 is accordingly disposed of with a direction on the respondent authorities to consider and dispose of the petitioner's representation dated 20th January, 2022 within a period of six weeks from today. The stay order

dated 22nd December, 2023 shall remain stayed until four weeks from the date on which the decision of the authority on the representation is communicated to the petitioner. Parties to act on a server copy of this order duly downloaded from the official website of the Hon'ble High Court at Calcutta.

( Moushumi Bhattacharya, J. )