Alban Soreng v. The Lt.Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/448/2024 Shri Alban Soreng Vs The Lieutenant Governor and others Ms. G. Mini ... for the petitioner Mr.Arun S Kumar ... for the respondents August 30, 2024 [SR] Item No.5 The petitioner says that his father who died intestate on 8th July, 2015 during his life time and prior to 1978 had encroached a forest land measuring about 2.0 hectare at Narayan Tikeri Village within the jurisdiction of Diglipur Forest, North and Andaman District. The petitioner's father along with his family started using and enjoying the said land after having encroached the same. The petitioner has developed the said land by making plantation and has built a residential house thereat.

The petitioner with his family has been residing thereat during the life time of his father and even thereafter and is in possession and custody thereof. 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 the same forest but in a de-served portion thereof. A notice was issued by the Divisional Forest Officer on 27th May, 2002 to the petitioner's father stating that, within one month from the date of receipt of the said notice, the petitioner's father has to vacate the encroached land for enabling the government to allot an area of one hectare situated at Narayan Tikeri in a de-served block.

The petitioner is the legal heir of deceased Silas Soreng, to whom the notice dated 27th May, 2002 was originally issued and has inherited the said land after the death of his father.

The petitioner says that, despite several orders having been passed, the concerned authorities have not taken any step for allotting one hectare land to the petitioner's father at Narayan Tikeri de-reserved block till his death on 8th July, 2015. The petitioner says that he is residing in the encroached land with his family till date. Once the encroached land is made over without a plot of land in the de-reserved block being handed over to the petitioner, 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 land, which has been sought to be de-reserved in Narayan Tikeri, is continuing and it will take about six months time to allot the land to the petitioner in the de-reserved block of the forest in Narayan Tikeri Block.

The petitioner undertakes to vacate and make over the possession of the encroached land in the forest within Narayan Tikeri Block immediately upon the petitioner is issued a possession certificate with a license and given the physical possession of the

alternative one hectare land in Diglipur Forest at Narayan Tikeri in a de-reserved block.

In the aforesaid facts and circumstances, the writ petition is disposed of by directing the respondents and each one of them to allot one hectare land in Narayan Tikeri de-reserved block as has already been decided within a period of six months from date or within such extended period after ascertaining as to whether the petitioner is presently the only legal heir of his father Silas Soren, since deceased 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 allotment of the plot at the de-reserved block is made, 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. )