Niranjan Mistry v. The Lt.Governor And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/442/2024 Niranjan Mistry Vs The Lieutenant Governor and others Ms. G. Mini ... for the petitioner Mr.Arun S Kumar ... for the respondents September 03, 2024 [SR] Item No.3 At time of correcting the order directed on August 30, 2024 certain ambiguity has been noticed by the Court in the pleadings. The matter was, therefore, brought in the list, and is placed in the day's list under the heading "To Be Mentioned". Learned advocate for the petitioner has clarified that the mention of the words "in form of the father-in-law of the petitioner". Paragraph 9 of the writ petition is an inadvertent typographical mistake the following order is passed.
The petitioner says that his father Rakhal Chandra Mistry who died on 6th May, 1995 had encroached a forest land measuring about 1.0 hectare at Paschimsagar Village within the jurisdiction of Diglipur Forest, North and Andaman District in or about 1968. The Government has decided to provide the encroachers of the forest land like the petitioner's father, a plot of one hectare of land in a portion of a de-served block of a forest. A licence to occupy 1 hectare of agricultural land was issused by the Sub-Divisional Forest Officer, Middle and North Andaman, Mayabunder in terms of an order of the Lieutenant Governor on 30th December, 2003 to the petitioner's father on the terms and conditions stated therein. The licence was in respect of Survey No/polot no.
172 situated at Paschimsagar Diglipur Tehsil and would come into effect from 1st January, 1978 subject to fulfilling the formalities mentioned therein. By the time the license was issued that is 30th December, 2003 the petitioner's father has died but it was made effective retrospectively from 1st January,1978 when the petitioner's father was alive. The petitioner's father, according to the petitioner, had filed an affidavit for obtaining the license.
The petitioner says that he is the legal heir of deceased Rakhal Ch. Mistry, to whom the license to occupy agricultural land dated 30.12.2003 was originally issued.
The petitioner also says that a notice was issued on 8th February, 2024 to the petitioner's father, however, describing him as Late Rakhal Ch. Mistry son of Alok Ch.Mistry asking him to attend the chamber of Tehsildar on 15.02.2024 at 10 am in connection with handing over of physical possession of the allotted plot as described in the license. Although, petitioner attend the venue on the
scheduled date and time but the revenue authorities were not present.
The petitioner says that he is residing in the encroached land with his family till date. Once the encroached land is made over without the plot of land in the de-reserved block already allotted under the license is physically handed over to the petitioner as the legal heir of Rakhal Ch. Mistry, the petitioner will be without any shelter which will cause immense hardship to the petitioner and his family members.
On behalf of the respondents, it is submitted that re-survey of the de-reserved land, a plot whereat Paschimsagar, has been allotted to the petitioner's father is continuing and it will take about six months time to hand over the allotted plot of land to the heir /heirs of Rakhal Ch. Mistry (since deceased). The petitioner undertakes to vacate and make over the possession of the encroached land in the forest situate at Radhanagar Village, Diglipur, immediately upon the petitioner is issued a possession certificate with a fresh license in his name and given the physical possession of the plot of land allotted to his father under the license dated 30th December, 2003.
In the aforesaid facts and circumstances, the writ petition is disposed of by directing the respondents and each one of them to make over physical possession of one hectare land in Paschimsagar de-reserved block as allotted to the petitioner's father under the license dated 30.12.2003 within a period of six months from date or within such extended period on the condition that the petitioner on being put into the physical possession of such land with proper licence being issued to the petitioner, shall immediately vacate the encroached land failing which the allotment shall stand cancelled and the concerned authority shall be free to evict the petitioner from the allotted land as also from the encroached land. The respondents, till the handing over of physical possession of the of the allotment of the plot shall not disturb the petitioner's possession of the encroached land.
The writ petition is accordingly disposed of. Since I have not invited any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.
( Arindam Mukherjee, J. )