Smti M Elamathi v. The Port Blair Municipal Council And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] PRESENT: THE HON'BLE JUSTICE DEBANGSU BASAK WPA/265/2024 SMTI M ELAMATHI ... PETITIONER VS.
THE PORT BLAIR MUNICIPAL COUNCIL AND OTHERS ...
RESPONDENTS WITH WPA/329/2024 C. VENKATACHALAM ... PETITIONER VS.
THE PORT BLAIR MUNICIPAL COUNCIL AND OTHERS ...
RESPONDENTS For the petitioners :
Mrs. Anjili Nag, Sr. Adv.
Ms Sohini Biswas For the respondents :
Mr. Rakesh Kumar Heard on :
February 19, 2026 Delivered on :
February 19, 2026 DEBANGSU BASAK, J.
1.
Two writ petitions are taken up for analogous hearing as they involve similar issues.
2.
Learned Senior Advocate appearing for the petitioners submits that, both the petitioners were enjoying two separate shops within the
municipal area after allotment of the same. Both the shops were demolished by the municipal authorities in a drive to demolish dilapidated structures. Municipal authority are not allotting any new shops to the petitioners, despite the authorities extending similar facilities to other allottees whose shops were demolished. 3.
Learned Senior Advocate appearing for the petitioners draws the attention of the Court to an order no. 4934 dated October 7, 2011 issued by the Municipal Council. She submits that, two persons whose shops were initially demolished, were allotted a new shop by the municipality. She submits that, both the petitioners are similar situated and circumstanced as those who were allotted the two shops rooms on October 7, 2011.
4.
Learned Senior Advocate appearing for the petitioner submits that, since, several shop rooms were demolished. Two persons approached the High Court for allotment of new shops. Such writ petitions being WPA /1096/2023 and WP /1097/2023 were disposed of by two separate orders dated December 21, 2023. Appeals carried against such orders dated December 21, 2023 were dismissed on July 31, 2024 in MAT/24/2024. Review directed against the order dated December 21, 2023 passed in WPA/1097/2023 was disposed of on December 21, 2023.
5.
She submits that, the two petitioners before Court now, are similarly situated and circumstanced as those of the earlier two writ petitioners as well as the two other persons who were allotted new
shop rooms on October 7, 2011. Therefore, both the writ petitioners are entitled to allotment of shop rooms.
6.
Learned Advocate appearing for the municipal council submits that, the earlier persons who were allotted new shops rooms, were found to be in possession of the shop rooms which were demolished. The two writ petitioners before Court were not occupying the shop rooms. The shop rooms of the writ petitioners were in a dilapidated condition at the time of demolition.
7.
Municipal Council allotted various shops to a number of persons. Allotment of shops in favour of the two writ petitioners before Court, is admitted.
8.
On the plea that, the shop rooms so allotted were in a dilapidated condition, Municipal Council embarked upon a demolition drive and demolished the same. Demolition dirve affected a number of allottees.
9.
There is a resolution dated March 10, 2016 of the Municipality which records the number of persons in whose favour, the shops rooms stood allotted and which such shop rooms were demolished. The two petitioners before Court are named in such demolition. So also are the two persons who obtained orders from the High Court, are also named in such resolution.
10.
The plea that, the petitioners before Court now, were not in possession at the time of demolition, is not borne out from the
records. The resolution dated March 10, 2016 of the Municipal Council speaks to the contrary. Such resolution names the persons who were in occupation of shop rooms demolished by the municipality.
11.
In the earlier two writ petitions being WPA/1096/2023 and WPA/1097/2023, the writ petitioners therein were granted relief. The Writ Court directed the municipal authority to allot new shop rooms to such writ petitioners by an order dated December 21, 2023. Appeal carried therefrom was dismissed. Review of the order dated December 21, 2023 was dismissed on April 2, 2025. There is no document produced before Court to suggest that, the initial allotment of the shop rooms stands terminated by the municipal authorities. In absence of such termination of allotment, it is incumbent duty of the Municipal Council to ensure that the allottees receive shop room commensurate to the initial allotment, upon the demolition of the existing structure where, the allotment was initially made. 12.
That apart, both the writ petitioners before the Court, are similarly situated and circumstanced as that of the writ petitioners in WPA/1096/2023 and WPA/1097/2023. Moreover, they are also similarly situated and circumstanced as that of the person named in Order No. 4934 dated October 7, 2011.
13.
In such view, similar direction of allotment of shops to the individual writ petitioners before Court, is granted. The municipal
authorities will make such allotment within a period of six weeks from date.
14.
WPA/265/2024 along with WPA/329/2024 is disposed of without any order as to costs.
(DEBANGSU BASAK, J.)