Rajesh Xess And ORS v. Andaman And Nicobar Islands Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/487/2024 Rajesh Xess and others Vs.

Andaman and Nicobar Administration and others Mr. Abhijit Sarkar ... for the petitioners [through virtual mode] Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi .. for the Administration Mr. Arul Prasanth ... for the pvt. respondent November 13, 2024 [SR] Item No.3 1.

The petitioner has suffered an order of demolition for willful and deliberate unauthorized construction. The petitioner went on with the construction notwithstanding the stay order passed by the Port Blair Municipal Council.

2.

It is submitted that the unauthorized construction of the petitioner exists on the ground and first floor, second and third floor outside his plot coverage and in violation of the FAR. 3.

The petitioner submits that he has filed an appeal against the order of demolition which is being pending consideration before the Appellate Authority on 16.09.2024. 4.

The writ petition is disposed of directing the Appellate Authority to dispose of the petitioner's appeal within a period of two months from date.

5.

All remedies available to the petitioner may be availed under the Port Blair Municipal Council's rules and regulations. 6.

There shall be no order as to costs.

7.

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