Fatima Bibi v. The Deputy Commissioner

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/458/2024 Fatima Bibi Vs.

The Deputy Commissioner Ms. Anjili Nag ... for the petitioner November 08, 2024 [SR] Item no. 5 1.

Pursuant to the directions of a Coordinate Bench dated 21st December, 2023 passed in WPA/1102/2023, the Deputy Commissioner, South Andaman was directed to hear out the petitioner and the Port Blair Municipal Council and decide as to whether the order of demolition of unauthorized construction was valid or sustainable in law.

2.

The case was fixed on 18th March, 2024 when it could not be taken up.

3.

Subsequently, the matter was fixed on 21st May, 2024. On the said date, the petitioner asked for an adjournment. 4.

The Deputy Commissioner/Appellate Authority directed both side to submit their written submissions along with the documents. The Municipal Council did so. The petitioner chose not to do so until 31st July, 2024.

5.

On 31st July, 2024, a final order of the Deputy Commissioner was passed upholding the order of demolition dated 11th December, 2023 and the appeal of the petitioner was dismissed.

6.

Ms. Nag, learned advocate for the petitioner would argue that when a prayer for adjournment was made on 21st May, 2024, the Deputy Commissioner ought to have fixed another date.

7.

It further appears in the records that the Deputy Commissioner instead of fixing any date directed the parties to file their written submissions.

8.

The petitioner chose not to file written submissions. The Municipal Council in fact filed their written submissions. The Deputy Commissioner/Appellate Authority, therefore, passed the final order on 31st July, 2024.

9.

This Court does not find any infirmity or violation of principles of natural justice by the Deputy Commissioner in passing the order dated 31st July, 2024. The order is almost justified since despite specific direction, the writ petitioner chose not to file any written submissions.

10.

In those circumstances, the impugned order dated 31st July, 2024 calls for no interference.

11.

The writ petition stands dismissed. There shall be no order as to costs.

12.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. )