Mohseen Ahmed v. The Andaman And Nicobar Administration

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/228/2022 Mohseen Ahmed ... Petitioner Vs.

The Andaman and Nicobar Administration and others ... Respondents Ms. G.Mini ... for the petitioner Mr. Shatardu Chakraborty ... for the respondents July 25, 2022 [SR] Item No.2 Learned counsel for the petitioner contends that the petitioner is a pioneer in the field of setting up industry from the tribal areas of Nicobar Islands.

It is submitted that although the petitioner could not comply with certain technical formalities, the petitioner is otherwise entitled to get the benefits of the subsidy scheme being the Andaman and Nicobar Islands Infrastructure Subsidy for Micro, Small and Medium Enterprises, 2017. It is submitted that the respondent authorities have not been considering the petitioner's representation to decide on the application for getting such subsidy on technical grounds, primarily that the land has not been converted for commercial purpose, no building plan has been approved and that no building completion certificate has been produced by the petitioner.

Learned counsel for the petitioner, by placing reliance on clause 13 of the said Scheme, vide notification dated October 25, 2017, submits that clause 13 contains a power of relaxation of any of the clauses under the programme. Such discretion is vested with the Administrator, Andaman and Nicobar Islands. As such, it is submitted that a sympathetic view may be taken in respect of the petitioner by glossing over the minor technicalities as alleged by the Administration. Learned counsel for the respondents controverts the submissions made by the petitioner.

It transpires from the materials on record that there is nothing to show that the application of the petitioner for getting subsidy under the 2017 Scheme has either been rejected or allowed. Hence, instead of pre-judging the issue, the purpose of justice would be sub-served in the event the Administration is directed to decide on such issue of granting the petitioner subsidy at the earliest.

Accordingly, WPA/228 of 2022 is disposed of by directing the respondent authorities to consider the application of the petitioner for getting subsidy under the Andaman and Nicobar Islands Infrastructure Subsidy for Micro, Small and Medium Enterprises, 2017 scheme, and consequential representations as expeditiously as possible, positively within six weeks from date and to inform the decision taken by the respondents on the said issue to the petitioner immediately thereafter.

It is made clear that it would be open to the respondent authorities to consider the petitioner for any other similar alternative scheme, in the event the 2017 Scheme is no longer in currency.

It is made clear that the contentions of the parties in respect of the petitioner's entitlement or otherwise to get such subsidy has not been gone into by this Court and it would be open to the respondent authorities to decide on the same in accordance with law and taking a sympathetic view inasmuch as, the petitioner has taken an entrepreneural effort among tribal communities.

No order as to costs.

Urgent photostat certified copy of this order be supplied to the respective parties upon compliance of usual formalities. ( Sabyasachi Bhattacharyya, J. )