Maloti Sikder v. The Lt.Governor And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/444/2024 Smt. Maloti Sikder ... Petitioner Vs.
The Lt. Governor and Ors. ... Respondents Ms. G. Mini ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents September 02, 2024 (M.A.Mobin) Item No.10 Learned Advocate for the Petitioner and learned Advocate for the Respondents are present.
Heard learned Advocates for the parties.
It is the contention of the Petitioner that the father of the Petitioner initially encroached a forest land situated within the jurisdiction of Diglipur Forest, North & Middle Andaman District.
It is further contended by the Petitioner that the said land was encroached in the year 1968 and after the encroachment the father of the Petitioner developed the land by various plantations and constructed a residential house and had been residing thereon with his family members.
It is also contended that as per the policy decision of Government of India and the order dated 07.5.2002 passed by the Hon'ble Supreme Court 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 dereserved 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.
The petitioner contends that similarly situated persons who have encroached reserved forest area and after the pronouncement of the order of the Hon'ble Supreme Court in W.P(C) No.202 of 1995 the Divisional Forest Officer, Diglipur in compliance of the said order issued notices to them and thereby directed the encroachers to vacate the unauthorized occupation over the reserved forest and directed them to shift to the de-reserved block to enable the authorities to allot them in the deserved block but whereas such notice was not issued to the Petitioner by the Divisional Forest Officer but the SubDivisional Officer issued notice to vacate the encroachment from Reserved forest block according to the notice.
Thereafter, the Sub-Divisional Officer, North & Middle Andaman, Mayabunder issued license to occupy the Agricultural land under clause (ii) of Section 146 of A & N Islands Land Revenue and Land Reforms Regulation, 1966 in favour of the Petitioner's father in respect of the land bearing Survey/Plot No.607 measuring an area of 1.00 Hects.
effect from the date of surrendering the excess area under his or her possession and subject to payment of arrear land revenue with effect from 01.01.1978. It is further contended by the petitioner that the Tehsildar, Diglipur directed the father of the petitioner to be present on the spot for demarcation and for handing possession of the said land, the petitioner and her husband was very much present on the spot but the Revenue authorities did not come to hand over the physical possession of the said land. It is also contended that the father of the petitioner expired on 27.9.2001 and mother of the petitioner was also died on 29.6.2007. The Petitioner being only daughter and after the death of the father and mother is taking care of all the properties and therefore being the sole legal heir has every right to inherit the subject land.
Although the petitioner approached the Respondent authorities for taking necessary steps for handing over the possession but no request was considered by the Respondent authorities. Upon hearing the learned Advocates and considering the facts of the case this Court is of the view that fruitful purpose would be served by keeping the Writ Petition pending. Thus this Writ Petition is disposed of by directing the Respondent no.3 to treat the Writ Petition as representation before him and consider and decide the same in accordance with law upon giving the petitioner an opportunity of being heard.
within a period of six months from the date of communication of this order.
As no Affidavit-in-Opposition is invited the allegations are 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.)