Shri Mahesh Kumar Agarwal v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 287/2023 Shri Mahesh Kumar Agarwal ... Petitioner Vs.

The Andaman & Nicobar Administration and Ors. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ...for the Respondents February 22, 2023 [MAM] Item No.13 Heard the Learned Advocates appearing for the parties.

The petitioner has filed this Writ Petition against the respondent authority concerned being aggrieved by their action of carrying out the project work over the land of the petitioner without acquiring by following any due process of law and without paying any compensation to the petitioner. For redressal of his grievance, the petitioner has made several representations being Annexure P-2 to the Writ Petition and it is the allegation of the petitioner that without considering and disposing of the aforesaid representations of the petitioner, project work is being carried out continuously over the plot of land of the petitioner and the petitioner prays for an injunction against the respondent authority concerned from proceeding any further with the project over his plot till such representation made by him is considered. Learned Advocate appearing for the respondents in opposing the Writ Petition submits that no work is being

carried out over the plot of the petitioner and he submits that project is being carried over the adjacent plot. He further submits that he has got no objection in passing the order for considering the representation of the petitioner expeditiously.

Learned Advocate appearing for the respondents submits that the respondents shall make demarcation of the relevant plot.

Considering the facts and circumstances of the case as appears from record and submission of parties, this Writ Petition being WPA No. 287 of 2023 is disposed of by directing the Deputy Commissioner, Port Blair/respondent authority concerned to consider and dispose of the aforesaid representation being Annexure P-2 to the Writ Petition in accordance with law and by passing a reasoned and speaking order after giving opportunity of haring to the petitioner or his authorized representative positively within a period of ten days from the date of communication of this order and in case of failure to dispose of the aforesaid representation within the time stipulated herein, the authority concerned will not be entitled to carry any work over the plot of land in question till the disposal of such representation. The respondent authority concerned shall also take steps for demarcation of the plot in question in the meantime.

With this observation and direction, this Writ Petition being WPA No. 287 of 2023 stands disposed of. (Md. Nizamuddin, J.)