Shri.Deepankar Das v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/517/2025 Shri Deepankar Das Vs.
The Andaman and Nicobar Administration and others Mr. G. Mini ...
for the petitioner Mr. S.C. Mishra ...
for the respondents November 10, 2025 [SR] Item No. 14 A report filed by the Junior Engineer, Electricity Department, Construction Section dated November 06, 2025 indicates that, eight underground cables which transmit 33 KV power supply between Bambooflat Substation and Garacharma Substation and which is in charged condition, had been installed in the land in question, three decades ago. Considering the significance of the supply line and the enormous load that it carries, the respondents have stated that, it would not be feasible to shift such cables to any other location. It appears that the cables were laid more than thirty years ago and it caters to the electricity requirements of a huge area.
The petitioner's case is that, survey plot nos.409, 412, 413, 415 and 416 situated at Garacharma Village under Sri Vijaya Puram Tehsil were recorded in the name of Bathu Basti Residential Housing Cooperative Society Limited.
The petitioner's late father was allotted share no.8 against plot
no.27 measuring an area of 300 sq.mtrs within the above survey plots.
A share certificate was issued on August 25, 2020 to the petitioner with effect from August 25, 2019, after demise of his father.
Records do not reveal the date when the petitioner's father was allotted such share by the society. The specific contention of the electricity department is that, the cables were laid three decades ago i.e. before the society came into the picture. When the cables were laid, the land in question was a government revenue land and as such, the authorities had not taken away the right of any society or its members in free enjoyment of their respective lands.
Under such circumstances, the matter needs to be enquired into, before the petitioner's prayer for compensation and/or alternative land can be decided by the Court. The writ petition is accordingly disposed of with a direction upon the Superintending Engineer, Electricity Department to constitute a team and make a thorough enquiry on the following issues:- (a) The date and/or the appropriate time, when the Bathu Basti Residential Housing Cooperative Society Limited was formed and registered.
(b) Whether the lands were recorded in the name of the society.
(c) When the plots were bifurcated by the society (d) Whether the society was aware of the fact that cable lines had been drawn through the land.
(e) When the petitioner's late father was allotted plot no.27 and issued the share certificate.
(f) Whether any land records were prepared in favour of the society, and if so the date when the land was recorded in the name of the society The concerned Tehsildar and his office will extend all assistance and cooperation to the electricity department. It is also made clear that, while the above issues are being decided, inspection shall be made. This decision shall be taken in the presence of the petitioner and the other members of the society. The Tehsildar and /or any other persons or authority who may be interested in the entire process shall also be heard.
The enquiry shall be reached to its logical conclusion and a reasoned order shall be passed. The same shall be communicated to the petitioner and all concerned. The reasoned order shall contain necessary justification behind the action taken by the authority.
The entire exercise shall be completed within a period of three months from the date of communication of this order. Writ petition is disposed of.
Parties to act in terms of the server copy of this order downloaded from the website of this Hon'ble Court. ( Shampa Sarkar, J. )