Poonam Arora v. The Tehsildar And Another
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR *** WPA/899/2023 Poonam Arora Vs.
The Tehsildar and another Ms. Anjili Nag Mr. V.K.Biswas ... for the petitioner Mr. V.D.Sivabalan ... for the respondent no.1 August 24, 2023 [SR] Item No.8 The petitioner alleges that the private respondent is guilty of raising unauthorized construction over the Government land.
A representation was filed before the Tehsildar, Port Blair on 11th August, 2023.
The same is pending consideration till date.
It has been submitted that the petitioner has somehow managed to temporarily stop the private respondent from carrying on construction work at present, but the private respondent may resume construction work any time. Prayer has been made for consideration of the objection that is pending consideration before the Tehsildar. There is no proof of service of the writ petition upon the private respondent. The writ petition was posted for service on 21st August, 2023.
In view of the order that I propose to pass, the private respondent will not be prejudiced in any manner whatsoever if the writ petition is disposed of in the following manner. The Tehsildar, Port Blair being the respondent no.1 herein, is directed to consider the representation filed by the petitioner dated 11th August, 2023 in accordance with the prevailing Rules and Regulations, after giving reasonable opportunity of hearing to the petitioner as well as the private respondent and pass a reasoned order and communicate the same to the parties.
The Tehsildar is directed to cause spot inspection upon prior notice to both the parties within a fortnight from the date of communication of this order to ascertain the nature and the extent of unauthorized construction as alleged and to further ascertain as to whether the construction is being made over Government land and forward the spot inspection report to both the parties.
The Tehsildar shall ensure that no private party is permitted to raise any construction over Government land. Thereafter reasonable opportunity of hearing shall be given by the Tehsildar and a final order shall be passed within a period of four weeks thereafter.
Till the matter is finally disposed by the Tehsildar, no unauthorized construction shall be made over Government land.
Learned advocate for the petitioner is directed to forward a copy of the representation dated 11th August, 2023 along with all documents in support of her allegation to the aforesaid respondent at the time of communicating the order of the Court.
The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J. )