Sultan Kazi v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/991/2023 Sultan Kazi Vs.

The Andaman and Nicobar Administration and others Mr. Lokesh Chezian ... for the petitioner [On behalf of Mr. Prakash Minj] Mr. V.D.Sivabalan ... for the respondents January 31, 2024 [SR] Item No.8 The petitioner is aggrieved by the inaction on the part of the respondents/Andaman and Nicobar Administration in failing to carry out an order of demolition passed by the Secretary, Municipal Council on 4th December, 2014. By the said order, most specifically Order No.6756 passed by the Office of the Municipal Council, Port Blair, the "illegal construction" was directed to be demolished within thirty days from the date of receipt of the order.

Learned counsel appearing for the petitioner submits that the order was received by the private respondent, who had made the construction, within a week from the date of passing of the order. Counsel submits that the respondent has, however, not taken any steps for due implementation of this order.

Learned counsel appearing for the respondents seeks to file a report but submits that the order for demolition has to be executed.

Considering the submissions made, this Court is of the view that there is no scope of necessity for filing of report almost ten years have passed since the order of demolition and admittedly, the respondents have failed to implement the order.

The argument that the order of demolition deals with the different plots compared to the subject matter of complaint is rejected, since the representation made by the petitioner on 25th September, 2023 matches with the provisional order dated 29th August, 2014 passed by the Secretary, Municipal Council. The provisional order led to the order of demolition dated 4th December, 2014.

WPA/991/2023 is accordingly allowed and disposed of by directing the respondents to implement the Order No.6756 dated 4th December, 2014 passed by the Secretary, Municipal Council within three weeks from date.

Parties to act on the basis of the server copy duly downloaded from the official website of this Hon'ble Court. ( Moushumi Bhattacharya, J. )