Rafique Ahmed v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/423/2024 Rafique Ahmed Vs.
The Andaman and Nicobar Administration and Others Ms. G. Mini ... for the petitioner Ms. Babita Das ... for the respondents December 11, 2024 [SR] Item no. 34 1.
The petitioner is aggrieved by the act on the part of the Administration in rejecting his prayer for issuance of No Dues/ Non-Encumbrance Certificate and Valuation Certificate. 2.
It appears that the petitioner had earlier applied for the No Dues/Non-Encumbrance Certificate in the year 2007 and thereafter in 2017 in respect of Survey Nos. 2639/1A and 2639/1A/P which are classified as house site and the Tehsildar issued the said certificate on 30.03.2017. The certificate was valid for a period of three months.
3.
The petitioner intends to sell a vacant portion of the aforesaid land and utilize the sale proceed for the treatment of his wife and himself.
4.
In 2022 when a fresh application was made for issuance of the No Dues/Non-Encumbrance Certificate and the valuation certificate, the Sub Divisional Officer, rejected the request for issuance of No Dues/Non-Encumbrance certificate as per the
field inputs. The valuation certificate sought for was rejected as the land was reported to be illegally diverted. 5.
Learned advocate for the petitioner submits that no proceeding has been initiated against the petitioner for the alleged diversion of land. The portion of the land, which the petitioner intends to sell, is a vacant one.
6.
The authority issued the No Dues/Non-Encumbrance and the valuation certificate in respect of other owners in respect of the same survey number. The authorities are adopting pick and choose method to issue the certificates requested by the petitioner.
7.
Learned advocate representing the Administration submits that the land in question has been recorded as house site but the petitioner has illegally diverted the same for construction of ten shop rooms which the petitioner intends to sell. Spot inspection was conducted and from the field inputs the illegal diversion was detected. Till the illegal diversion is regularized, the authority will not be in a position to issue the certificates as prayed for by the petitioner. 8.
Upon hearing the parties it appears that, the authority at one point of time in the year 2017 issued the No Dues/NonEncumbrance certificate in favour of the petitioner. 9.
According to the petitioner, there has been no change in circumstances for which the prayer of the petitioner can be rejected in the year 2022.
10.
It has been admitted that the place in question is a bazaar and there are several other shop rooms which are in
existence for the last forty years. Money is urgently required by the petitioner for medical treatment.
11.
To resolve the issue, the Court thinks it fit to direct the Tehsildar to conduct a spot inspection, upon prior notice to the petitioner, to ascertain the classification and mode of use of the subject land.
12.
If it appears that No Dues/Non-Encumbrance and the Valuation certificates can be issued, then the authority shall take steps to issue the same without any delay. 13.
If any diversion is detected, it will be open for the authority to take necessary steps to deal with the same in accordance with the law.
14.
Steps shall be taken by the Tehsildar at the earliest but positively within a period of six weeks from the date of communication of this order.
15.
Spot inspection report shall be forwarded to the petitioner for taking necessary follow up action.
16.
At the time of spot inspection, the petitioner shall identify and indicate the portion of the land which he intends to sell. If it is found to be vacant, then objection ought not to be raised by the Administration for issuing necessary certificates. 17.
The writ petition stands disposed of. No order as to costs. 18.
Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )