Shri.Pran Krishna Das v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/153/2025 Shri Pran Krishna Das Vs.

The Andaman and Nicobar Administration and Others Mrs. G. Mini ... for the petitioner Ms. Babita Das ... for the respondents March 19, 2025 [AKB] Item No.6 1.

The present writ petition has been filed, inter alia, praying for a direction upon the respondents to dispose of the petitioner's representation dated 12th February, 2020 being an application for permission to divert the user of the land from Agriculture to House Site.

2.

The petitioner claims to have acquired interest in respect of Survey Plot No. 70/1/3 measuring 200 Sq.mtrs., situated at Craikabad village under Ferrargunj Tehsil, District South Andaman on the strength of a deed of sale executed on 30th July, 2018 along with other purchasers. The land-in-question has since been sub divided and the petitioner has been recorded as a tenant in respect of the aforesaid survey plot.

3.

Subsequent to purchase of the aforesaid property the petitioner had applied before the Sub Divisional Officer, South Andaman District seeking permission to convert 200 Sq.mtrs. of Survey plot No. 70/1/3 at Craikabad village under Ferrargunj Tehsil, South

Andaman District as 'House Site' for the purpose of construction of a house.

4.

According to the petitioner, prior to constructing any house on an agricultural land a permission under Rule 4 A of the Andaman and Nicobar Islands Land Revenue and Land Reforms Rules, 1968 ( herein after referred to as the said Rules) is required to be obtained. The petitioner would claim that the petitioner's application which was received by the respondents on 12th February, 2020 has since been processed. 5.

Ms. G. Mini, learned advocate representing the petitioner by drawing attention of this Court to the order sheet in R.C. No. 96 of 2020 would submit that having regard to the application made by the petitioner a revenue case has been registered and the same has been forwarded to the Tehsildar, Ferrargunj for an inquiry and report under Rule 4(A) of the said Rules.

Record would reveal that on the report being called for the Town and Country Planner by a communication dated 9th June, 2020 has confirmed that the land of the petitioner is lying within the Public & Semi-Public zone as per the master plan for Port Blair Planning Area. According to the report the primary residential uses is permitted in the Public & Semi-Public land only in the following category.

i.

Primary Residential PR-A and PR-B are permitted with special sanction from the Port Blair Planning and Development Authority.

6.

Ms. Mini would however, submit that since June, 2020 no further steps have been taken by the respondents. The petitioner has also not been made aware with regard to the outcome of the petitioner's application.

7.

Ms. Babita Das, learned advocate appears on behalf of the respondents.

8.

Having heard the learned advocates appearing for the respective parties and noting that an application has been filed by the petitioner seeking conversion in accordance with the rules and the same has been kept pending, I am of the view that the respondents should take a decision on the same. Having regard thereto, I direct the concerned respondent to dispose of the petitioner's application for diversion of land use filed in terms of Rule 4 A of the said Rules, as expeditiously as possible, preferably within a period of 12 weeks from the date of communication of this order.

9.

It is made clear that this Court has not gone into merits of the application and it shall be opened to the respondents to take its decision in the matter being uninfluenced of any of the observations made herein.

10.

Since, no affidavit has been called for, the allegations made in the petition are deemed not to have been admitted by the respondents.

11.

With the above observations and directions, this writ petition WPA/153/2025 is disposed of.

12.

There shall be no order as to costs.

13.

Urgent Photostat certified copy of this order if applied for, the same be supplied to the parties upon compliance of necessary formalities.

( Raja Basu Chowdhury, J. )