Antharias Indwar v. The Lt.Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/439/2024 Shri Antharias Indwar ... Petitioner Vs.
The Lt. Governor & Ors. ... Respondents Ms. G. Mini ...for the Petitioner Ms. Babita Das ...for the Respondents August 29, 2024 (M.A.Mobin) Item No.5 Learned Advocate for the petitioner and learned Advocate for the Respondent Authorities are present. Heard learned Advocates for the parties.
It is the contention of the petitioner that the petitioner encroached a forest land measuring an area of 1 Hects. Situated at Narayan Tikrey within jurisdiction of Diglipur Forest, North and Middle Andaman District. The said land was encroached in the year 1968 and after the encroachment the petitioner developed the land by various plantations and constructed a residential house and had been residing thereon with his family members. It is further contended by the petitioner that as per the policy decision of Government of India and the order dated 07.5.2002 passed by the Hon'ble Supreme Court passed in W.P(C) No.202 of 1995 an area of 1 Hects., or the
actual area in occupation prior to 31.12.1978 whichever is less is to be allotted in the de-reserved block, Pachimsagar subject to the condition that the Pre-1978 encroacher in the reserved Forest area vacate said forest land and shifts to the above said de-reserved block.
It is also contended that in terms of the said policy decision of the Government of India and the order of the Hon'ble Supreme Court a notice dated 27.5.2002 was issued by the Divisional Forest Officer, Diglipur to the petitioner and the petitioner was directed to vacate his unauthorized occupation from an area of 1 Hects. Of Government land situated at Reserved Forest Block, Narayan Tikrey within one month from the receipt of the notice to enable allotment of an area of 1 Hects. situated at Pachimsagar (De-Reserved Block).
The petitioner pursuant to the said notice vacated the said land and the SubDivisional Officer, North and Middle Andaman, Mayabunder issued license to occupy the Agricultural land under Clause (ii) of Section 146 of Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 in favour of the petitioner in respect of the land bearing Survey No.540 measuring an area of 1 Hects. situated at Pachimsagar village under Diglipur Tehsil for cultivation of agricultural crops. The said license shall come to effect from the date of surrendering the excess area if any under his or her possession and subject to payment of arrear of land revenue w.e.f. 01.01.1978.
The petitioner contends that the Tehsildar, Diglipur Tehsil verbally instructed the petitioner to be present on the spot for demarcation and for handing possession of the said land and the petitioner was very much present on the spot but the Revenue authorities did not come to the spot to hand over the physical possession of the above land. It is further contended that although the petitioner complied all the directions as and when issued by the respondent authorities without any delay and latches on the part of the petitioner but the respondent authorities failed to take any step to hand over the physical possession of the subject land to the petitioner.
It is also contended that the petitioner being aggrieved by the acts of the respondent authorities in handing over the physical possession of the land made a joint representation to the Lt. Governor, Andaman and Nicobar Islands on 21.07.2023 and thereby requested the Lt. Governor to look into the matter and to redress the grievance of the petitioner at the earliest.
Learned Advocate submits that the representation made by the petitioner along with other aggrieved persons have not yet been considered and decided by the respondent authorities.
Upon hearing the learned Advocates and considering the facts of the case this Court is of the view that no fruitful purpose will be served by keeping this Writ application pending and directing filing of affidavit.
Thus this Writ Application is disposed of by directing the respondent authorities to treat this Writ Application as a representation of the petitioner and consider and decide the grievance of the petitioner in accordance with law upon giving the petitioner an opportunity of being heard and by passing a reasoned order within a period of six weeks from the date of communication of this order.
The decision taken by the respondent authorities shall be communicated to the petitioner.
As no affidavit has been filed the allegation made in the Writ Petition is deemed to be not admitted. Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.
(Biswaroop Chowdhury, J.)