Chamu Uraon v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/333/2024 Chamu Uraon Vs The Andaman and Nicobar Administration and others Mr. Supreet Sharma ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondent No. 1 & 2 Ms. Prem Pushpa Bai ... for the respondent No.3 & 4 (On behalf of Ms. Babita Das) August 06th, 2024 [AKB] Item No. 6 Supplementary affidavit is filed today by the writ petitioner annexing therein the order No. 5231 dated 16.11.2021 passed by the then Secretary, Municipal Council, Port Blair. In terms of the said order, in exercise of power conferred under Section 168 (a) of the A&N Islands (Municipal) Regulation, 1994 read with Bye-Laws 32.9 ordered demolition of the construction of the private respondents, Naveen Toppo.

The learned counsel appearing for the Municipal Council submitted that this order is yet to be executed. The grievance of the writ petitioner is that the private respondent made illegal encroachment upon the government revenue land and constructed illegally a two- storied RCC building without obtaining building plan and without leaving a setback area, in accordance with law. This illegal construction has caused damage and detriment to the residential unit of the petitioner in view of percolation of rain water from the house of the private respondent to the land of the petitioner. Petitioner moved the government authorities and also moved to this court invoking extra ordinary constitutional jurisdiction by filing writ petition being WP No. 272 of 2021. The said writ petition was disposed of on passing appropriate order. Efforts of the writ petitioner culminated in passing of the order filed today along with the supplementary affidavit.

Learned counsel for the Municipal Council submitted that necessary direction may be passed in this regard since an order has already been passed earlier on 16.11.2021. Instant writ petition is disposed of giving the direction to the Chairman, Port Blair Municipal Council to carry out the Order No. 5231 dated 16.11.2021 within the period of one month from the date of communication of this order. (Sugato Majumdar, J.)