Shri. Mohseen Ahmed v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/525/2022 Shri Mohseen Ahmed Vs.
The Andaman and Nicobar Administration and Others Ms. G. Mini ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents March 14, 2024 [AKB] Item No.30 The petitioner applied for a scheme, namely Andaman and Nicobar Islands Infrastructure Subsidies Scheme for Micro, Small and Medium Enterprises, 2017. His application was rejected since he could not provide the following documents: Sl. No.
Particulars Clause of the Notification 1.
Documents relating to conversion of land for commercial purpose under Andaman and Nicobar Islands LR and LR 1966, as required.
6 (e) 2.
Approved building plan from Competent Authority 6 (f) 3.
The unit has not submitted the building completion certificate 5 (iii) The petitioner submits that the petitioner belongs to Nicobari tribal community, as such it was impossible for him to fulfill the aforesaid three conditions. Those documents could not be obtained in Car Nicobar Island.
From the report filed by the administration it is apparent that the scheme is no longer in force. It also appears that the relevant department moved a proposal seeking relaxation of the aforesaid three conditions before the Lieutenant Governor, Andaman and Nicobar Islands, and the Lieutenant Governor directed as follows:
"i.Relaxation may not be extended adhoc to any specific parties. If any relaxation are deemed essential on due diligence, these need to be notified in advance in the open domain and extended to all those who meet the relaxed criteria.
ii. satisfactory reply were not received in respect of the factual and legal validity of the claim that land holding in Nicobar District are controlled by Tribal Council and why not the jurisdiction of Port Blair Town & Country Planning Authority may be extended to Car Nicobar and other Tribal Areas.
iii. since the scheme is applicable only up to 31.03.2020, the Department is required to make a proposal, if it deemed appropriate, to extend the scheme beyond 01.04.2020 and while doing so, the provisions of the scheme be amended so as to make it applicable for the whole of the three districts of A & N Islands."
From the report it further appears that the department did not propose for extension of the existing scheme as the department had already implement a similar scheme in the name and style "Andaman and Nicobar Islands Industrial Development Schemes (ANIIDS)" notified on 01.01.2019.
It further appears that the case of the petitioner was considered by the department pursuant to the orders passed by this Court this petition. The case of the petitioner was not favourably considered in view of the observations made by the Assistant Commissioner (Car Nicobar) as follows : "The entire area of Car Nicobar Island enclosed within the coast line but excluding the area comprising the air field and Ports of Car Nicobar to be reserved area notified vide Administration Notification no. ANPATR/3(1)/1 dated 2nd April, 1957. However, there is no provision with respect to conversion of land within the reserved area." In the aforesaid conspectus of the matter, no relief can be granted to the petitioner.
Accordingly, WPA/525/2022 is dismissed.
(Kausik Chanda, J.)