R.C.Kurup Alias M.Ramachandran Kurup v. The Lt.Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/493/2024 R. C. Kurup Alias M. Ramachandran Kurup Vs.

The Lieutenant Governor and Others Mr. Bhaskar Prosad Banerjee Ms. Shalini Ghosh Mr. Parashar Baidya ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the APWD Ms. Babita Das ... for the Revenue Department March 17, 2025 [SR] Item No.2 1.

The Andaman Public Works Department (APWD) and the Revenue Department have not been able to arrive at any amicable settlement. The APWD still insists that the land over which the pond is presently existing, was on the basis of the identification by the department, i.e. the Revenue Department is unwilling to accept. However, the fact remains that the land belongs to the petitioner and was taken over without any due process of law.

2.

It was the revenue department has specifically stated that the said land was never acquired in accordance with law. Hence, denied compensation.

3.

The APWD however has insisted that it has no obligation to discharge since this land was earmarked and handed over by the revenue department.

4.

In view of the admitted position that the land belonged to the petitioner and was unauthorisedly taken over by the APWD, the land is required to be restored as the petitioner is not willing to accept any compensation for the land being taken over by APWD.

5.

On such consideration the writ petition is disposed of by directing the APWD and the Revenue Department to ensure that the land is restored to its original position and handed over to the writ petitioner within a period of two months from date. 6.

Learned advocate for the petitioner has submitted that in addition to the aforesaid relief, the writ petitioner is entitled to compensation for wrongful use of the said land. This cannot be adjudicated in this proceeding.

Hence, the claim for compensation is not decided in this proceeding. It will be open for the writ petitioner to take appropriate steps in accordance with law for compensation.

7.

Since affidavits are not called for, the allegations contained in the writ petition are deemed to have been denied by the respondents.

( Soumen Sen, J. )