P.Subramaniam And ORS. v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/3/2020 P.Subramaniam and others Vs.

The Lieutenant Governor and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the respondents December 18, 2023 [AKB] Item No.17 Heard the learned counsel for the petitioners in presence of the learned counsel for the respondents. The petitioner has preferred the present writ petition praying for necessary direction upon the respondent authorities to regularize excess land as per prayer in the writ petition. The order of the High Court passed in WP No. 1150 of 2010 dated 27.01.2011 directing the authorities to act within a time frame is placed before this Court. Pursuant to the said order of 2011, a notice dated 20.01.2020 has been issued regarding the said survey of excess area.

It is submitted by the learned counsel for the petitioner that since then there has been no further progress in the said conduct of survey by the respondent authorities. Considering the fact that the High court had specifically directed in the year 2011 to dispose of the matter within a period of twelve weeks, the progress has clearly not been as per the direction of the High Court. The petitioner has been suffering for a long period without any relief due to the inaction on the part of the respondents.

Considering the notice dated 20.01.2020 and the lethargic attitude of the respondents authorities the writ petition is disposed of directing the respondents to complete the total work in respect of the regularization of excess land measuring an area of 707 sq.mtrs in survey no. 1164 situated at Junglighat village, Port Blair Tehsil, South Andaman, in terms of the letter dated 15.07.2003 issued by the Government of India within a period of sixty days from the date of this order, failing which the petitioner shall be at

liberty to pray for necessary compliance in accordance with law.

(Shampa Dutt (Paul), J.)