Birendra Nath Das v. Honble Lt Governor Andaman And Nicobar Islands And ORS

22.10.2024 SD/KC

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENGH AT PORT BLAIR CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 529 of 2024 Birendra Nath Das Vs.

Hon'ble Lt. Governor, Andaman and Nicobar Islands & Ors.

Mr. Soumya Majumder Ms. Sanjukta Dutta ... for the petitioner.

Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents.

A demolition order was passed on October 17, 2023, by the Secretary, Port Blair Municipal Council. The petitioner challenged the order before the Appellate Authority. The appeal was dismissed on October 3, 2024. Thereafter, a fresh order of demolition was passed on October 10, 2024. The petitioner, however, challenged the original demolition order dated October 17, 2023, before the Hon'ble Lt. Governor, Andaman and Nicobar Island on October 21, 2023.

Mr. Majumder, learned advocate appearing for the

petitioner submits that during pendency of the appeal, the respondents are going to implement the demolition order. I am of the view that since the appeal before the Hon'ble Lt. Governor, Andaman and Nicobar Island is pending, the respondents should not proceed with the demolition order dated October 17, 2023 for a limited period.

Accordingly, I dispose of this writ petition restraining the respondents from giving any effect to the demolition order dated October 17, 2023 as well as October 10, 2024 for a period of one month from date. The petitioner will be at liberty to approach the Hon'ble Lt. Governor, Andaman and Nicobar Island for extension of the stay order.

Needless to mention that the appeal pending before the Hon'ble Lt. Governor, Andaman and Nicobar Island shall be decided as expeditiously as possible. WPA 529 of 2024 is accordingly disposed of.

(Kausik Chanda, J.)