Smt. M. Ayesha And ORS. 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/650/2022 Smt M.Ayesha and others ... Petitioners Vs.

The Andaman and Nicobar Administration and another ... Respondents Ms. G.Mini ...for the petitioner Mr. V.D.Sivabalan ... for the respondents December 16, 2022 [SR] Item No.3 The petitioners are aggrieved by non-compliance of the order dated 10th January, 2020 passed by the Division Bench in MA No.40 of 2019. By the said Order the Division Bench has directed as follows:

"On these facts, it was mandatory on the part of the Administration to make a settlement in terms of Regulation 65 read with Regulations 49, 50, 51, 53 and 62 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. Without making this settlement and considering the right of the appellants' father and thereafter the appellants, it was not proper on the part of the Administration and its land officers to throw out the appellants again and again for unacceptable reasons in spite of several orders passed by this Court in previous writs.

We are of the opinion that the Administration through the Secretary (Revenue) and the Deputy Commissioner should jointly but under the superintendence of the Secretary (Revenue) immediately take upon themselves this task of making a settlement of Kodiyaghat village prior to its amalgamation with Rangachang, Bimblitan and Chidiyatappu and thereafter revise the settlement and publish the land records in respect of these amalgamated villages. While doing so the rights of the appellants'

father T.Moideen son of late Cheku of Calicut has to be determined. A reasoned decision after hearing the appellants and other necessary parties has to follow within six months of communication of this order.

We make it absolutely clear that in case the appellants succeed in their claim, they have to surrender the benefit received as pre-1978 encroachers, before receiving any benefit under the decision to be made in terms of this order."

Counsel for the Administration submits that the process as directed by the Division Bench is on. This Court notes with anguish that the Order of the Division Bench of this Court has not been carried out by the Administration till date. It is therefore ordered that the Assistant Commissioner (Settlement) complies with directions of the Hon'ble Division Bench (supra), mandatorily and positively within a period of two months from date. WPA/650/2022 stands disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )