Ramzan Ali And ANR v. The Administrator (Lg., A And N Islands And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/18/2022 Ramzan Ali and another Vs The Administrator (LG), A and N Islands and others Mr.Gopala Binnu Kumar Ms. Vinita Devi ... for the appellants Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration Mr. Sunit Karmakar Mr. S.C.Mishra ... for the respondent Nos. 3 & 4 June 21, 2024 [SR] Item No.6 None appears for the private respondent, although the matter has been appearing in the list.

Learned counsel for the appellant submits that the appeal arises out of an order passed in a writ petition filed by the private respondent seeking implementation of the demolition order against the petitioner whereby demolition was directed to be carried out immediately.

It is pointed out that in the appeal, orders of stay of the said demolition process have been granted for limited periods and have been extended for time to time. It is argued that the appellants, in the meantime, have preferred a statutory appeal against the demolition order which may be directed to be expedited. Learned counsel for the respondent-authorities submits that as per a previous direction of this Court, a report has been filed regarding the legality of the construction of the appellants themselves, which is already on record. That apart, it is pointed out that in a previous order passed in the appeal, it was recorded that a general exercise is being carried out by the Administration regarding ascertaining the irregularities and illegalities in constructions. Upon hearing learned counsel present in Court today, we are of the opinion that there is no necessity of keeping the appeal pending further, since the appellants have already preferred a statutory appeal.

Accordingly, MAT/18/2022 along with IA No. CAN/1/2022 are disposed of with a direction on the appellate authority to dispose of the statutory appeal filed by the present appellants against the demolition order passed against them as expeditiously as possible, preferably within two months from the date of communication of this order to the said authority.

The interim order of stay previously granted in respect of the demolition of the appellants' property be continued for a further period of four weeks from date, with liberty to the appellants to make a prayer for stay before the appellate authority. If such a prayer is made, the appellant authority shall hear the same independently without being influenced in any manner by any of the observations made herein.

It is further made clear that this Court has not entered into the merits of the respective contentions of the parties and it will be open for the appellate authority to consider and decide all issues independently and in accordance with law without being prejudiced in any manner by any of the observations passed in connection with the present appeal.

This order and the disposal of the appeal shall be without prejudice to the ongoing exercise being undertaken by the Administration in respect of identifying irregularities and illegalities in constructions on the Island in general.

Accordingly, the impugned order of demolition of the appellants' property passed by the learned Single Judge in the writ petition is hereby set aside, leaving it open to the appellate authority to consider the merits of the case independently. No order as to cost.

Urgent certified server copies, if applied for, be issued to the parties upon compliance of due formalities.

( Sabyasachi Bhattacharyya, J. ) ( Ajoy Kumar Mukherjee, J. )