Minati Biswas And ORS v. The Lt Governot,Administrator , Andaman And Nicobar Islands, Port Blair And ORS

pbcb 31.08.2022 jb.

W.P.A. 390 of 2022 (Circuit Bench at Port Blair) (Minati Biswas & Ors. vs. The Lt. Governor, Administrator, Andaman & Nicobor Islands, Port Blair & Ors.) Mr. Achinta Banerjee Ms. Indumouli Banerjee .... For the Petitioners Mr. Shatadru Charkraborty .... For the Respondent Mr. Ramendu Agarwal .... For the Respondent Affidavit of service filed on behalf of the petitioners is taken on record.

The petitioners claim to be recorded owners of 0.04 hectres of land in Survey No. 161 in village Sippi Ghat and submit that the respondents have issued notices for acquiring the said land along with other properties in the said village.

Learned counsel for the petitioners draws the attention of this Court to an order passed by a co-ordinate Bench of this Court in W.P.A. 9283 of 2020 on December 16, 2021 wherein similar notices issued by the respondents were assailed by the petitioners. In the said writ petition, it was submitted on behalf of the administration that the authorities decided not to acquire the land belonging to the petitioners for the present. Upon such submission, notices impugned in the said writ petition were quashed and the writ petition was

disposed of with a rider that the authorities would not be precluded from issuing fresh notices for acquisition, if deemed appropriate. In the present writ petition, it is submitted on behalf of the respondents that pursuant to issuance of the notices impugned, there has been a change of policy and the respondents intend to acquire only revenue land spanning over 22 acres which is fully submerged at present in village Sippighat and shall not acquire any private land including that of the petitioners. The notice dated 12th September, 2019 includes the plot of the petitioners comprising 0.04 hectres in Survey No. 161 at Sippighat village, the said plot being reclaimed land.

Subsequent notices issued on 30th October, 2019 and 16th January, 2020 in continuation of the earlier notice also demonstrate that acquisition of land was necessary for development of Sweet Water Lake at Sippighat and Bimblitan villages. Since it is submitted on behalf of the respondents that the respondents do not intend to acquire the plot of land owned by the petitioners or for that matter, any private land, notices impugned (Annexure P/5, Annexure P/7 and Annexure P/10 to the writ petition) be quashed in so far as the plot of the petitioners is concerned.

However, respondents shall not be precluded from issuing fresh notices upon the petitioners in accordance with law, in the event acquisition of the plot in question is found necessary. W.P.A. 390 of 2022 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)