Smt. A. Selvi v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/594/2023 Smt A. Selvi Vs.

The Andaman and Nicobar Administration and others Mr. KMB Jayapal ... for the petitioner Ms. Anjili Nag ... for the respondents April 19, 2023 [SR] Item No.3 Leave is granted to the petitioner to add the left out party, the Executive Engineer (Plg.), Port Blair Municipal Council, as respondent in the present writ petition. The petitioner is challenging the notice bearing F.No.11-1419/BID/BO/MC/741 dated March 02, 2023 issued by the added respondent under section 168(a) of the Andaman and Nicobar Islands (Municipal) Regulation, 1994. The said respondent by the impugned notice has ordered demolition of alleged unauthorized construction of a building/structure on Survey No.38 situated at School Line village alternatively the petitioner has been directed to show cause within seven days from the date of receipt of the said notice as to why the said construction would not be demolished.

The order of demolition renders the direction to file show cause infructuous as such the impugned notice is to be

construed as a notice to show cause, consequently challenge to the said notice is pre-matured.

The time to reply to the said show cause since has expired, it is extended for a further period of two weeks from date. The authority is directed to dispose of the impugned notice in accordance with law, till such disposal, the petitioner is restrained from carrying out any construction work over the subject plot of land.

WPA/594/2023 is disposed of with the above terms, there shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Biswajit Basu, J. )