G.Ganesh v. The Andaman And Nicobar Administration And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/850/2023 M. Meiyappan Vs.

The Andaman and Nicobar Administration and Another With WPA/851/2023 R. Silambarasan Vs.

The Andaman and Nicobar Administration and Another With WPA/852/2023 G. Ganesh Vs.

The Andaman and Nicobar Administration and Another With WPA/853/2023 A. Deivanai Vs.

The Andaman and Nicobar Administration and Another With WPA/854/2023 B. Sathyanarayana Vs.

The Andaman and Nicobar Administration and Another Mr. K. M. B. Jayapal .... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents

September 25, 2024 [SR] Item No.9,10,11,12 & 13 The grievance of the petitioners is directed against an order dated 24 July 2023 passed by the Office of the Port Blair Municipal Council, Port Blair, inter-alia, concluding that the petitioners are in illegal occupation of the staircase of the subject premises and causing health hazards.

On behalf of the petitioners, it is contended that by an earlier resolution dated 29 May 2013, the petitioners were allowed to occupy a space in the subject premises.

The impugned recommendation is without reasons and is drastic to the extent that it not only declares the petitioners to be illegal encroachers but also declares that there is health hazard being caused due to the operations of the petitioners. Significantly, the petitioners are running small shops and were prima facie recommended for a space at the subject premises. In view of the above, the Secretary, Port Blair Municipal Council is directed to take a fresh decision in the above matter after giving a right of hearing to the petitioners. It is made clear that there has been no expression on the merits of the case and the Council is to consider the case of the petitioners in terms of an earlier order dated 21 February 2023 passed by a Coordinate Bench in WPA/100/2023. The above exercise is to be completed preferably within a period of eight weeks from the date of communication of this order. In view of the above, the impugned order dated 24 July 2024 is set aside.

With the above directions, WPA/850/2023, WPA/851/2023 WPA/852/2023 WPA/853/2023 WPA/855/2023 stand disposed of. ( Ravi Krishan Kapur, J. )