Smti Kokila Devi v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/268/2024 Smti. Kokila Devi ... Petitioner Vs.
The Andaman & Nicobar Administration and Ors. ... Respondents Ms. Shipra Mandal ...for the Petitioner Ms. Babita Das ...for the Respondents June 18, 2024 (M.A.Mobin) Item No.8 The grievance of the petitioner in the present application is about delay in disposal of the petitioner's prayer for allotment of land and/or allotment of the alternative plot of land in favour of the petitioner as directed by this Court vide order dated January 11, 2018 while disposing WPA 470 of 2016.
It is submitted that the Andaman & Nicobar Administration had acquired land of the Writ Petitioner in the year 1995 for the purpose of extension of Air Port at Lamba Line. After acquisition the Revenue authorities have allotted land bearing survey No.1/21 measuring an area of 100 Sq. Mtrs. at Garacharma village as house site and the land bearing Survey No.1/198 as agricultural land at the same village. Though the land was allotted and possession was given but neither the respondent authorities have
accepted the premium as fixed by the Revenue authority nor have issued the record of right and sketch map of the aforesaid landed property to the petitioner.
Being aggrieved the petitioner moved the aforesaid Writ application before this Court and after hearing this Court by the aforesaid order directed the Respondent authorities to take all endeavor for allotting the plot of land and if it is not available for allotment, the Respondent authorities were further directed to consider allotment of alternative plot of land in favour of the petitioner. The main grievance is that, in spite of the order of this Court that the said direction is to be complied within eight weeks from the communication of the order, seven years have already been passed but the respondents have not done anything.
Ms. Babita Das, learned Counsel appearing on behalf of the Respondents submits that it is not correct to say that the respondents have not done anything. On the contrary, they have issued notices which the petitioner has annexed in his Writ Petition at Page Nos.93, 94 and 95 and the matter is under process.
Having considered the facts and circumstances of the case, the present Writ application being WPA 268 of 2024 is hereby disposed of with a direction upon the Respondent no.2 to dispose of the petitioner's prayer in terms of direction made by this Court in WPA 470 of 2016 within a
period of six weeks from the date of communication of this order.
Since the Respondents were not asked to file affidavit the allegations leveled against the respondents shall be deemed to have not admitted by the respondents. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
(Ajoy Kumar Mukherjee, J.)