M/S Bayleaf Inn v. The Lt.Governor And Others

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WPA/1019/2023 M/S Bayleaf Inn & anr.

Vs.

The Lt. Governor and others Mrs. Anjili Nag ... for the petitioner Mr. V.D.Sivabalan Mr. Arun S. Kumar ... for the Administration Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the PBMC January, 22, 2024 [AKB] Item No.7 Mrs. Nag, learned advocate appearing for the petitioner is aggrieved by the fact that pursuant to the sanctioned plan granted by the Port Blair Municipal Council in a commercial plot of land a hotel has already been constructed.

Subsequently, certain other amenities were to be served which are closely allied to the hotel business for which constraints were faced by the petitioner.

Petitioner applied for bar license, however, the same was refused without any speaking order and the only reasons assigned were that the relevant documents were not supplied or available with the authorities. The petitioner submits that the contention of the authorities are that they have sub-categorized the commercial plot of land on the basis of representation made in 2006. The order of which was passed by Sub Divisional Officer on 20.03.2007. Learned advocate appearing for the respondents Nos. 1to3 submits that the conversion of commercial land was done only on the basis of representation made that conversion was for the purpose of show room and godown. Presently the petitioner intends to convert the

said plot of land for the purpose of hotel which is deviation from the earlier conditions.

According to Mrs.

Nag, learned advocate appearing on behalf of the petitioner it is submitted that no sub-category is provided in respect of commercial land and the representation was made at the relevant point of time which is almost sixteen years ago for the purpose which was required at that point of time.

Mr. Shatadru Chakraborty, learned advocate for the PBMC submits that the sanction plan was granted on the basis of the land being declared as commercial, vide order dated 20.03.2007 by the then Sub Divisional Officer.

Having regard to the fact that the representation dated 03.10.2023 is pending with SDO, South Andaman, in the fitness of circumstances, I direct that same be disposed of within a period of fifteen days from the date of communication of this order. The SDO would take into account as to whether there is any other legal impediment when several other hotels are operating in the area concerned. In case the other hotels are operating in the area there should not be any impediment for the petitioner to get the same status so far as commercial activity which he or she would carry out for utilising the same plot of land.

Accordingly, WPA/1019/2023 is disposed of.

[Tirthankar Ghosh, J. ]