Shri.Anil Babar And ANR v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE [CIRCUIT BENCH AT PORT BLAIR] ...
WPA/538/2024 Shri Anil Babar and Another Vs.
The Andaman and Nicobar Administration and Others Mr. Arul Prasanth ... for the Petitioners Mr. V.D. Shiva Balan ... for the respondents November 12, 2024 (Bithika) Item No.6 1.
By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ directing the Port Blair Municipal Council to approve the building plan which was submitted on 24.01.2023 with a further prayer to set aside the letter dated 14.07.2023 as written by the Executive Engineer (Planning) of the Respondent No.2 Authority whereby and whereunder sanction of building plan as prayed for has not been accorded with. 2.
It is submitted on behalf of the writ petitioners that pursuant to the minutes of the meeting dated 22.12.2020 as available at page No.44 and 45 there cannot be any embargo on the part of the Respondent No. 2 Authority to grant sanction of the building plan in favour of the writ petitioners since the land of the writ petitioners falls outside the buffer area of the Respondent No. 3 Authority.
3.
In course of his argument Learned Advocate appearing on behalf of the Respondent placed his reliance upon the letter dated 05.09.2024 as filed today in Court which is taken on record. It is submitted on behalf of the Respondent that the writ petitioners are supposed to submit their building plan through 'Online Building Plan Approval System' (OBPAS) and in view of such sanction cannot be accorded with and the same has been communicated to the writ petitioners under cover of letter dated 05.09.2024. It is submitted further that for the reason best known to the writ petitioners that said letter has not been placed at the time of filing of the instant writ petition. It is submitted that for suppression of the material facts the instant writ petition may be dismissed.
4.
Considering all the materials as placed before this Court and after hearing the Learned Counsels for the contending parties it appears to this Court that for some reason or other the letter dated 05.09.2024 has not been submitted before this Court on behalf of the writ petitioners though it has been received by them.
5.
In view of such and while disposing the instant writ petition this Court grants liberty to the writ petitioners to submit their proposed building plan with the respondent No.2 Authority through OBPAS.
6.
In the event such building plan is submitted in OBPAS after observing all the formalities, the Executive
Engineer (planning) Municipal Council, Port Blair is directed to take a decision in accordance with law after giving due adherence to the minutes dated 22.12.2020 and / or subsequent minutes or Administrative order, if there be any and shall pass a reasoned order after giving an opportunity of hearing to the writ petitioners and / or their Learned Advocate.
7.
The Executive Engineer, Municipal Council is further directed to communicate the order to the writ petitioners either by special messenger or through mail if mail address of the writ petitioners are provided to him in course of hearing. The entire exercise as indicated (supra) is to be completed within two months from today.
8.
Learned Advocate for the Respondent is hereby requested to communicate the server copy of this order to the Executive Engineer, Municipal Council forthwith for his due compliance.
9.
Before parting it is made clear that since affidavit have not been called for the allegations as made in the writ petition are deemed to have been denied.
10.
Urgent photostat certified copy of this order be supplied to the Learned Counsel appearing for the respective parties upon compliance of usual formalities (Partha Sarathi Sen, J.)