Shri V.Thiagarajan v. The Land Acquisition Collector
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] ...
WPA/271/2023 Shri V.Thiagarajan
Versus
The Land Acquisition Collector Mrs.Anjili Nag ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the respondent March 21, 2023 [AKB] Item No. 8 This is a hearing matter. Affidavits are complete. The petitioner is a joint recorded tenant of a piece and parcel of land mentioned in paragraph 3 to the writ petition. The respondent authorities by virtue of a notification dated November 22, 2019 sought to acquire the said land. From the averment made in paragraph 8 to the writ petition, it appeared to this Court that, the petitioner claimed that the subject land was fenced. It was also stated by the petitioner that, the authorities were not allowing the writ petitioner to enter in his land and to utilize the same as per law. The petitioner was not paid any compensation. Claiming the compensation in accordance with law, the petitioner had filed this writ petition.
In the writ petition, the petitioner had also prayed for, that in the event if the authority would not pay the compensation, then the petitioner shall be allowed to utilize his land.
Mr. V.D.Sivabalan, learned counsel appeared for the respondent. He referred to paragraph 5 from the affidavit-inopposition affirmed on February 24, 2023 such averment is quoted below:
"5. That with reference to the statement made in Para 06 of the Writ Petition are denied and disputed and further the Respondent states that in response to the direction to the Tehsildar, Port Blair to undertake and complete the exercise of the updating of land records in accordance with the provisions as laid down Sub-Section 05 of the Andaman and Nicobar Islands RTFCTLAR & R (Compensaiton and Resettlement and Development Plan) Rule, 2018 and furnish report including the details of affected tenants along with respective individual affected share, the Tehsildar, Port Blair furnished the updated status report vide No. VF 17/TPB/2020/1994 dated 09.10.2020 wherein, the affected tenants names were clearly mentioned along with the specification of no occupation. At Sl.No. 03, it is clearly mentioned that filed enquiry reveals that the share of Shri. Thiagarajan is not affected and shares of his as shown is lying vacant and is not within the affected area, hence no
question of compensation in favour of the Petitioner herein arises."
Further, the relevant pleadings are also available in paragraph 7 to the said affidavit-in-opposition which is quoted below:
"7. That with reference to the statement made in Para 08, 09, 10 and 11 of the Writ Petition is specifically denied and disputed. It is further submitted by the Respondent that he intend to rely upon Para 05 of this instant affidavit in opposition and further the Respondent submitted that the subject land is not acquired by the Respondent on the ground that the land of the Petitioner was not at all affected so the question of the acquisition of the land of the Writ petitioner by the Respondent does not arise."
The stand of the state authority is that, since land of the petitioner was not acquired at all, the question of payment of any compensation did not and cannot arise. In reply to the submission made on behalf of the state, Mrs. Anjili Nag, learned counsel for the petitioner submitted that, in view of the said stand taken by the state authority, the land of the petitioner as mentioned in paragraph 3 to the writ petition shall have to be released forthwith from the scope of any acquisition and the fence put on surrounding the land of the petitioner, if any, should immediately be removed and the petitioner should be given access to his own property.
Considering the rival submissions made on behalf of the parties and considering the materials on record, it appeared to this court that, the subject land was not acquired as would be evident from averments made in the affidavit-inopposition used by the state respondent quoted as above. In view of the above, jurisdictional Land Acquisition Collector and the petitioner shall cause a joint inventory/ survey of the land on a mutually fixed date and time but positively within a period of two weeks from the date of communication of this order and a joint inventory/survey report shall be prepared by putting their respective signatures along with photographs.
In course of such joint inventory/survey, if any fence is found surrounding the land of the petitioner, the same shall be removed by the respondents positively within a further period of two weeks from the date of such joint inventory/survey and the possession of the subject land as mentioned in paragraph 3 to the writ petition, insofar as the petitioner's share as a joint tenant on the land is concerned shall formally be delivered to the petitioner free from all encumbrances insofar as the subject acquisition proceeding is concerned in terms of the acquisition notice dated November 27, 2019.
Such delivery of possession shall be recorded by and between the parties by way of a joint minute to be signed by them respectively.
After delivery of possession as directed above of the share of the petitioner on the subject land, the respondent shall notify the same indicating that the share of the
petitioner on the subject land as mentioned in paragraph 3 to the writ petitioner would become out of the scope of the said acquisition notice dated November 27, 2019 in the same Newspaper/Newspapers in which the Acquisition Notice was published. Such publication will have to be made positively within a period of one week from the date of delivery of possession of the land to the petitioner and the petitioner shall be intimated accordingly.
It is also made clear that, this order shall not create any right or equity in favour of the petitioner insofar as his share in the joint property is concerned in any manner beyond what he has and what he is enjoying.
On the above terms this writ petition being WPA/271/2023 stands disposed of.
(Aniruddha Roy, J.)