Sanjay Kumar v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [ CIRCUIT BENCH AT PORT BLAIR ] ** WPA/156/2021 Sanjay Kumar ... Petitioner Vs.

Andaman and Nicobar Administration And others ... Respondents Mr. S. C. Mishra, Advocate ... for the petitioner Mr. A. K. Mandal, Advocate ... for the respondent nos. 1 to 3 Mr. Tulsi Lal, Advocate ... for the respondent no.4 September 9, 2021 [SR] Item No.7.

The petitioner has alleged omission and commission on the part of the respondent authorities in not surveying the vessel of the petitioner and permitting the petitioner to ply the vessel within the Mahatma Gandhi National Park, Wandoor area.

It is submitted that the petitioner vide letter dated 04th February, 2021 wrote to the Deputy Nautical Advisor-cumSurveyor-in-charge, Mercantile Marnie Department, Port Blair, Andaman and Nicobar Islands with request to survey the boat namely, Royal Sapphire and with reference to DGS letter F.49NT(2)/2004-Pt-III dated 03.01.2018 and to grant permission to operate in region E- around Jolly Buoy to Wandoor Islands. A reminder was also given to the respondent No. 4 for the said purpose on 26.02.2021 but of no effect.

It is submitted that the boat Royal Sapphire owned by the petitioner is classed with IRS for operating in I.V. and Ex-I.V of Andaman Nicobar Islands waters and received restricted load line certificate from IRS for operating in region E- around Jolly Buoy of Wandoor Island on 03.02.2021. IRS approved documents and order from Forest Department which was also sent to the respondent No.

4 but no action as such has been taken from the side of the respondent No. 4.

The petitioner submits that on 06.01.2016, the Andaman Nicobar Administration notified the Andaman Nicobar Islands Inland Vessels Rules, 2016 for plying vessel registered under the I.V Act, 1917. On 03.01.2018 the Director General Shipping, Mumbai had issued an order for plying the vessel registered under the said Act. The petitioner states that on 30.12.2019, the Administration issued another order in continuation of the Order No.214 dated 23.01.2019, thereby notifying the terms and conditions for plying I.V.Vessel.

On 13.01.2021, pursuant to the application dated 11.01.2021, the petitioner sought for permission to ply the said vessel Royal Sapphire in the said Marine National Part and the petitioner has deposited a sum of Rs.1.00 lakh to the forest authority and the authority has already permitted the petitioner to ply the vessel upto 31.12.2021 and now the petitioner has only sought for a direction upon the respondent No.4 to conduct survey of the vessel of the petitioner namely Royal Sapphire and to issue necessary certificate in a time bound manner.

The petitioner has also sought for a direction in this writ application upon the Principal Chief Conservator of Forest (Wildlife), being respondent No.3, to grant permission to ply the subject vessel Royal Sapphire within Mahatma Gandhi National Park, Wandoor area. But it is submitted by Mr. Mishra, learned counsel for the petitioner that during pendency of the writ application, the respondent no.3 has already granted permission to ply the said vessel namely Royal Sapphire. Therefore, the writ petition can be disposed of by directing the respondent no.4, Deputy Nautical Advisor-cum-Surveyor-in-charge, to conduct necessary survey of the vessel and issue certificate in a time bound manner. Mr. Tulsi Lal, learned counsel for the respondent no.4 submits that the authority is concerned with only M.S. Vessel and the matter relating to the writ petitioner is covered under I.V. Act, 1917 and the I.R.S is the authority to conduct survey in respect of the vessel of the petitioner.

Be that as it may, since the representation submitted by the petitioner before the respondent no.4 is still awaiting for consideration, the respondent no.4 is directed to consider the application of the petitioner by a reasoned order within four weeks

and to communicate the reasoned order upon the petitioner within one week thereafter.

Thus, the writ application being WPA/156/2021 is disposed of. There shall be, however, no order as to costs. Parties are directed to act on the basis of the website copy of the order.

( Shivakant Prasad, J. )