Shri.Sukhdev Singh v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/462/2025 Shri Sukhdev Singh Vs.

The Lieutenant Governor and others Ms. G. Mini ... for the petitioner Mr. Rakesh Kumar ... for the respondents October 28, 2025 [SR] Item No. 27 The petitioner claims to have purchased 400 sq.mtrs (plot Nos.21&22) in survey No.145/P, situated at Maymyo Village unde Ferrargunj Tehsil, South Andaman District by virtue of a registered deed dated May 09, 2002.

The petitioner submits that the entire land was mutated in the name of the petitioner and other co-tenants. The record of rights had been prepared and updated.

Possession was handed over to the purchasers and all of them had taken possession. Sometime later, the petitioner observed that construction of a concrete drain had been commenced, allegedly under the instruction of the respondent no.3.

It is contended that the said construction caused severe damage to the land of the petitioner and other co-tenants. Immediately, complaints were filed and concerns were raised before the Deputy Commissioner, South Andaman District.

Protests were also made, but no steps were taken by the authorities.

The petitioner relies on various representations from 2017 onwards, by which the Deputy Commissioner, South Andaman District was requested to take steps by either stopping the construction or alternatively by repairing the road upon payment of compensation or by allotting a separate piece of land proportionate to the land that was damaged. These applications have been pending since long.

This Court is of the view that the matter should be decided by the Deputy Commissioner, South Andaman District on the basis of the averments made in this application and on the basis of the prevalent policy/rules.

The writ petition is thus disposed of with a direction upon the Deputy Commissioner, South Andaman District to cause an inspection by constituting a team of eligible persons, including Surveyors, to look into the allegation of the petitioner, assess the damage, if any, that the land in question had sustained and take remedial measures in accordance with the permissible rules and as the situation so demands. The petitioner and also the other co-tenants shall be present during such inspection and survey.

A reasoned order shall be passed and communicated to the petitioner. The entire exercise shall be completed within a period of three months from the date of communication of this

order. The parties are at liberty to videograph the entire process.

The writ petition is accordingly disposed of. As no affidavit-in-opposition has been called for, the allegations made by the petitioner are deemed to be denied. Parties are to act in terms of the server copy of this order duly downloaded from the official website of this Hon'ble Court. ( Shampa Sarkar, J. )