Parvez Jamal v. The Andaman And Nicobar Administration And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/254/2024 Parvez Jamal Vs.
The Andaman and Nicobar Administration and Others Mr. K.M.B. Jayapal ....
for the petitioner Ms. Babita Das ...
for the respondents December 09, 2025 [SR] Item No.4 The petitioner has prayed for a direction upon the Deputy Commissioner District of South Andaman, being the second respondent, to allot an alternative land/plot within revenue village of Ferrargunj Tehsil and/or nearby adjacent revenue village under Port Blair in favour of the petitioner in lieu of licenced land bearing survey No.101/3 measuring an area of 2.02 hectares situated at Dhanikhari Village under Ferrargunj Tehsil.
Admittedly, the licence to occupy agricultural land was issued by the Deputy Commissioner on November 14, 1980 allotting plot No.101/3 measuring 2.02 hectares situated at Dhanikhari village under Ferrargunj Tehsil for cultivation of agricultural crops in favour of the predecessor-in-interest of the petitioner.
Alleging that despite the licence to occupy the agricultureal land being issued in favour of the original allottee, the possession was not delivered and also that property was not
duly identified and demarcated, a writ petition was filed before this Court being C.R.No.36 (W) of 1991.
The said writ petition was disposed of by an order dated November 22, 1991 by directing the authorities to carry out the direction of the Deputy Commissioner in the matter of demarcation of the land allotted to the said allottee being survey Plot No.101/3 and after demarcation shall cause fencing of the land by the predecessor-in-interest as per the order of the Deputy Commissioner passed on September 01, 1983. The aforesaid direction passed in the said writ petition was not complied with by the Administration and in the meantime, the predecessor-in-interest left for heavenly abode. Thereafter, the petitioner filed a writ petition being WPA/341/2013 praying for an alternative site for the purpose of recording the name of the petitioner as a tenant in respect of the same. The said writ petition was disposed of by an order dated March 23, 2014 by directing the Assistant Commissioner (Settlement) to act in terms of the order dated 25th March, 2014 within the time limit as indicated therein.
Since no steps were taken by the authorities either for demarcation of the land or for allotting an alternative land, the petitioner has filed the present writ petition. A Coordinate Bench, by an order dated October 05, 2024 directed the 4th respondent i.e. Tehsildar, Ferrargunj to submit a detailed report within the time limit indicated therein as to whether any alternative site can be provided to the present writ petitioner
being the legal heirs of the original allottee. Pursuant to the direction contained in the order dated October 05, 2024, the concerned Tehsildar filed the report dated 01.09.2025. Mr. KMB Jayapal, learned advocate appearing for the petitioner submits that the respondent authorities have now proposed to allot an alternative land in favour of the petitioner. He submits that a direction be passed upon the second respondent being the Deputy Commissioner, South Andaman District, to issue a licence in favour of the petitioner forthwith.
The learned advocate representing the respondents submits that the proposal for allotment of the altenative land has been forwarded by the concerned Tehsildar to the Assistant Commissioner (Settlement), South Andaman District being the 3rd respondent and the 3rd respondent shall thereafter forward the papers to the Deputy Commissioner being the second respondent. She further submits that after approval of the Hon'ble Lieutenant Governor is obtained, the licence can be issued by the Deputy Commissioner. She further submits that the entire process would require some time and the same shall be completed within a period of three months from date.
She further submits that the licence in respect of the alternative plot can be issued only if the petitioner surrenders the licence of the original plot allotted in favour of the predecessor-in-interest of the petitioner.
In reply Mr. Jayapal, learned advocate appearing for the petitioner submits that the petitioner is ready and willing to
surrender the licence of the erstwhile plot of land upon the licence of alternative plot of land being issued in favour of the petitioner.
The said report dated 01.09.2025 states that necessary field verification and demarcation was carried out by the revenue authorities and after due consideration of the availability, suitability and revenue records an alternative plot situated at Chouldari Village under Ferrargunj Tehsil bearing Survey No.37751 measuring total area of about 35.79 hectares classified as Hilly which is a recorded land pertaining to the Government is proposed as the alternative land to be allotted to the petitioner. The report further states that the said land is free from encumbrances and is suitable for the purpose for which allotment was made to the deceased father of the petitioner.
Mr. Jayapal submits that the petitioner is ready and willing to accept such alternative land as proposed in the report.
In the light of the submissions made by the learned advocate appearing for the respective parties, the respondent authorities are directed to conclude the entire process for allotment of the alternative land including issuance of licence in favour of the petitioner as expeditiously as possible. The respondent authorities shall issue a notice upon the petitioner fixing the date for surrendering of the licence of the erstwhile plot and for collection of the licence of the alternative plot simultaneously.
The entire exercise shall be completed as expeditiously as possible but positively by the end of the month of March 2026. With the above observations and directions, the writ petition being WPA/254/2024 stands disposed of. There shall, however, be no order as to costs.
Parties to act on the server copy of this order downloaded from the official website of this Court.
( Hiranmay Bhattacharyya, J. )