Sharad Bhide And ANR v. The Union Of India And ANR
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/364/2025 Sharad Bhide and another Vs.
The Union of India and others Mr. Lokesh Chezian .... for the petitioners Mr. V.D.Sivabalan ... for the respondents October 27, 2025 [SR] Item No.15 The petitioners are aggrieved by a communication dated February 24, 2025, issued by the Under Secretary to the Government of India, Ministry of Home Affairs. The petitioners were the victims of Tsunami 2004. They contend that their agricultural lands were submerged due to over flow of the salt water from the sea in the Campbell Bay area. The petitioner No.1 as the owner of the said land, had submitted a representation for compensation. A sum of Rs.27.7 lakhs had been sanctioned. The residents of the Great Nicobar Islands raised a protest with regard to inadequacy of such compensation, specially, because of the loss of their livelihood. A committee was set up by the Ministry of Home Affairs known as the 'Vivek Rae Committee", to assess the appropriate compensation. A report was submitted by the Committee in 2017. As per the report, the compensation that was sanctioned was insufficient.
Vivek Rae Committee stated that if a presumption would be drawn that the agricultural activity in the Campbell Bay area would continue for 99 years then the compensation at the rate of Rs.9.39 lakhs per hectare was much below the current estimation as to the market value of the agricultural land. For calculation of the market value of the submerged land, simple interest at the rate of 12% per annum for the last 5 years should be added to the market price of 2012. Upon taking Campbell Bay as a unit comprising of seven villages, it was stated that Rs.444.72 crores would be the correct market value which meant that the compensation at the rate of Rs.35.73 lakhs per hectare should have been awarded to each of the persons, including the petitioner's father.
Accordingly, a representation was made by the petitioners as the owners of the land seeking implementation of the committee's report. The said representation was received by the competent authority, but the prayer of the petitioners was not taken into consideration on the ground that the recommendation of the Committee was yet to be accepted. Hence, the writ petition has been filed.
In my opinion, the Committee was constituted by the Ministry of Home Affairs to look into the adequacy of compensation. The Committee has submitted a report. It was incumbent upon the authority to at least take a decision as to whether the recommendation should be accepted or not and inform the aggrieved parties accordingly.
When the petitioners approached the authority seeking enhancement of compensation on the basis of the said Committee's report, the Under Secretary to the Government of India, Ministry of Home Affairs should have decided the issue. If the authority was unable to accept such recommendation, a reasoned order stating why the same could not be accepted, should have been passed, and communicated to the petitioner.
Under such circumstances, the writ petition is disposed of with a direction upon the Under Secretary to the Government of India, Ministry of Home Affair to take a reasoned decision as to whether the Vivek Rae Committee's recommendation is to be accepted by the Union of India or not. Such decision shall be taken by the authority within a period of four months from date as the matter is pending before the authority since 2017. If the authority finds that the recommendation can be accepted either wholly or partially or with modification, an order to that extent shall be passed and communicated to the petitioners. If the decision is in the positive or favours the petitioners in some way, the petitioners will thereafter be at liberty to seek enhancement as per the decision of the Under Secretary to the Government of India, Ministry of Home Affairs, before the competent authority.
WPA/364/2025 is accordingly disposed of.
Parties shall act on the basis of the server copy downloaded from the official website of this Hon'ble Court. ( Shampa Sarkar, J. )