Hobdipur Co-Oprative Coconut Farming Society Limited v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] ******** PRESENT: HON'BLE JUSTICE ANANYA BANDYOPADHYAY WPA/267/2025 Hobdipur Co-operative Coconut Farming Society Limited ... Petitioner

Versus

The Andaman and Nicobar Administration and another ... Respondents For the petitioner : Ms. G.Mini For the respondents : Ms. Babita Das Heard on : 06.11.2025 and 07.11.2025 Judgment on : 07.11.2025 ANANYA BANDYOPADHYAY, J.

1.

The petitioner filed WPA/674/2024 seeking a direction from this Court to dispose of the representation dated 24th September, 2024 filed by the petitioners before the Tehsildar, Ferrargunj Tehsil, South Andaman District. Vide order dated 6th December, 2024, a Coordinate Bench of this Court, inter alia, directed the Tehsildar, Ferrargunj to consider the representation, as aforesaid, filed by the petitioner, in accordance with law at the earliest after granting reasonable opportunity of hearing to the necessary parties and to pass a reasoned order within six weeks from the date of communication of such order.

2.

In compliance with such order, notice was served upon the petitioner intimating to appear before the Tehsildar, Ferrargunj on 23rd January, 2025 at 10.00 AM and also to submit in context their oppositions. The petitioner herein submitted a written statement on 10th February, 2025. Subsequently, a hearing was conducted in the presence of the petitioner's society and an order was passed by the Tehsildar, Ferrargunj concluding as follows:

"given the factors outlined - the historical context, bylaws of the Society, and land use classifications - the Tehsildar opines that the request for transforming land use for tourism development is untenable. The said land falls under section 142 (b), hence the matter for allowing the Occupancy Rights under Section 143 of Land Revenue & Land Reforms Regulations, 1966 cannot be processed as per the above following Act and guidelines of its bylaws."

3.

The petitioner herein being aggrieved by the order of such rejection, filed the instant writ petition. The learned advocate representing the petitioner submitted in accordance to provision of 142 (b) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, the petitioners were entitled to be renamed and considered as occupancy tenants since they have continued to cultivate 55.88 hectares of land under survey no.5 situated at Mouwadera Village under Ferrargunj Tehsil, South Andaman District as non - occupancy tenants. The cultivation of the said land for a period exceeding

two years automatically should have conferred upon the petitioner, the right of occupancy tenants.

4.

The learned advocate representing the petitioner referred to the byelaws of the petitioner's society which primarily concentrated and focused their activities towards plantation of coconuts as the name of the society revealed. It was further submitted by an amendment of the bye-laws, the petitioner's society intended to diversify its scope of activities to include transport, tourism and shipping. The present utilization of the land for plantation of coconuts could not have been equated with pursuance of tourism business. If at all, the petitioner's society contemplated or endeavoured to venture into tourism business, the land in question required conversion approval from the concerned authority upon compliance of the legal provisions and adherence to the satisfaction of the authority to grant such conversion.

5.

Since the statute itself provided recognition of the nonoccupancy tenants as occupancy tenants after a lapse of stipulated period of two years and above, the petitioner's society is legally entitled to be acknowledged as occupancy tenants with modification in nomenclature of its status in the records of rights.

6.

The learned advocate representing the respondent authorities submitted the intention of the petitioner to obtain a change in its status from non-occupancy tenants to occupancy tenants was solely for the purpose and with an intention to indulge in tourism business contrary to the objectives of the petitioner's society which in future would diminish the utility of the arable land granted to the petitioner solely for the purpose of plantation. The petitioner had a defective motive to acquire the status of the occupancy tenants to use the agricultural land for tourism business in future contradicting the basic criteria to dwell in coconut plantation. The Tehsildar therefore had rightly declined to grant the right to occupancy tenancy in favour of the petitioner being of non-occupancy tenant.

7.

The Regulations 141, 142 and 143 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 are as follows:- "141. There shall be the following classess of tenants namely:- (i) Occupancy tenants;

(ii) Non-occupancy tenants;

(iii) Grantees and;

(iv) Licenses.

142. Every person belonging to any of the following classes shall be called an occupancy tenant and shall have all the rights and be subject to all liabilities conferred or imposed upon an occupancy tenant by or under this Regulation, namely:-

(a) every person who, immediately before the commencement of this Regulation, had acquired the right of occupancy under the provisions of the Andaman and Nicobar Islands (Land Tenure) Regulations, 1926;

(b) every person who has, as a non-occupancy tenant, cultivated any holding, not being a holding situated within the local limits of the Port Blair Municipal Board, continuously for a period of two years from the commencement of this Regulation or of such tenancy, whichever is later, in accordance with the provisions of this Regulation and is not arrears of land revenue.

143. Every person belonging to any of the following classes shall be called a non-occupancy tenant and shall have all the rights and be subject to all the liabilities conferred or imposed upon a nonoccupancy tenant by or under this regulation, namely:- (a) every person who, immediately before the commencement of this Regulation, was a non-occupancy tenant under the provisions of the Andaman and Nicobar Islands (Land Tenure) Regulations, 1926;

(b) every person who is granted a licence under clause (ii) of section 146 in respect of any agricultural land."

8.

Eleven members of the petitioner's society got the same registered on 12.10.1959. The aforesaid society was formed with the following objectives:

"3. OBJECTS The objects of the Society is to do the Coconut Plantation in the lands allotted in the name of the Society or from amongst these individual person who have been allotted land and who have subsequently formed into a Cooperative Coconut Farming Society with the object of coconut plantation and objects herein given below. In furtherance of which, the Society is at liberty to do all or any of the following :-

1. to raise funds either in shape of loan from Government, members, non-members and or in shape of deposits from members or nonmembers and or in shape of share capital from the members.

2. to cultivate such crops and to plant such trees or and plants which the Society may decide.

3. to take up poultry, goat keeping, dairy as the case may be after the coconut trees be grown beyond the reach of the goat and cattle

with previous permission of the Registrar of Coop. Societies in writing.

4. to purchase, acquire either by cash or by hire machinery which seems necessary for processing the crepe into finished or semifinished articles.

5. to take up coir Industry, handicrafts in coconut husks and shells and to acquire or purchase machinery for the purpose.

6. to advance loans to the members to meet the maintenance coat and medical expenses and others with the permission of the Registrar.

7. to educate members or children of the members in the art of coconut plantation or allied industry.

8. to market the produces of the Society and or the produces of the individual members through the Society

9. to open stares of consumable articles and implements for the benefits of the members.

10. to encourage mutual aid, self help, small savings and thrift amongst the members.

11. to do all such things and undertake such activities as are conducive or incidental to the attainment of these objects. a) to raise funds by way of deposits from members and borrowings from A&N State Cooperative Bank Ltd, Nationalised Cooperative Development Corporation and any other financial Institution approved by the Registrar of Comp. Societies and form the Govt. b) Generally undertake on cooperative lines such ether activities as may be conducive to the promotion of economic interest of members, overall development of the area and objects of the Society specified above."

9.

Through an amendment, the byelaw no. 310 and existing clause 10 & 11, renumbered as 11 and 12 were amended to pursue transport, tourism and shipping in order to diversify the activities of the society. The documents on record reveal the petitioner's society to have been engaged in plantation of coconut trees and ancillary activities connected thereto since

licence was granted by the respondent authorities in favour of the petitioner's society in the year 1959.

10.

According to the provision of Regulation 142 (b) of the aforesaid Regulations, by virtue of cultivating the holding beyond the local limits of Port Blair Municipal Board continuously since 1959 in excess of the period of two years, from the period of commencement of the instant Regulations in the year 1966, the petitioner automatically fell within the ambit of definition of occupancy tenants. The Regulations do not require the petitioner cultivating the holding as aforesaid as a non-occupancy tenant to state as to why the same should be regarded as occupancy tenant while conferring the right of occupancy tenants on the non-occupancy tenants conforming to and fulfilling the criteria postulated in the regulation. It is not mandatory to state the reason as to why the petitioner claimed to be acknowledged and/or recognized as an occupancy tenant. 11.

Having fulfilled the requisite cultivating period of more than two years, the petitioners are entitled to be considered and legally termed as occupancy tenants. Any apprehension on the part of the respondent authority of future utilization of the holding is subject to the approval of the concerned authorities with regard to the conversion of the land, if at all applied for by

the petitioner which indubitably shall be considered by the appropriate authority according such rights or granting such approval considering the legal parameters and in the facts and circumstances of the case, whether legally permissible to accord the same being satisfied of the provisions in the regulations in force and/or effective at that of point of time. 12.

The order dated 26.05.2025 passed by the Tehsildar is accordingly set aside.

13.

The representation of the petitioner dated 24th September, 2024 is to be considered afresh and necessary order in accordance to regulation 142 (b) be passed within two months from the date of passing of this order.

14.

No order as to costs.

15.

WPA/267/2025 is accordingly disposed of.

16.

Parties to act in terms of the serve copy of this order downloaded from the website of this Hon'ble Court. (ANANYA BANDYOPADHYAY, J.)