Katrina Lakra And Others vs Administrator (Lieutenant Governor) And Others

Samapti Chatterjee, J

The petitioners have filed the present writ petition assailing the illegal action done by the authority thereby encroaching the petitioners’ private land

and started to cutting down trees without giving any prior notice to the petitioners and without obtaining consent of the petitioners. Hence, the present

writ petition.

Mrs. Nag, learned advocate appearing for the petitioners submits that the petitioners’ father (since deceased) was an allottee under the Andaman

and Nicobar Islands. Accordingly, a licence to occupy the land for house-site was granted on 5th October, 1989 and possession certificate was issued

to the petitioners’ father (since deceased) by the authority on 23rd October, 1990 and map pertaining to site No.32/2 measuring 200 square metres

at Nilambur village under Port Blair Tehsil, Andaman District also enclosed with the possession certificate. The petitioners’ late father

subsequently applied for the conversion of the residential land to the commercial one. Accordingly, on 19th September, 2006 the Sub-Divisional

Officer(Revenue), Mayabunder converted the said plot of land bearing No.32/2 from residential to commercial. Unfortunately, on 20th April, 2016 the

petitioners’ father died.

Curiously enough, all on a sudden on 22nd February, 2019 some unknown persons entered into the petitioners’ private house and started to

measure the land without any prior notice or intimation to the petitioners to that effect. Immediately thereafter the petitioners on 23rd February, 2019

lodged a complaint to the Collector(Land Acquisition/Sub-Divisional Officer), Mayabunder. The contents of the said complaint is quoted below:-

“With due respect we beg to state that we are the permanent resident of A & N Islands and we are residing at Nilambur village, Baratang Island,

Middle Andaman District and we have allotted la and adjacent to Andaman Trunk Road in favour of my father late Sulaiman Kujur vide Sy. No.

32/2,area 200 Sq.mtr and are residing thereon by constructing residential house upon our recorded landed property.

We state that on 22/02/2019 some of revenue staffs entered into our landed property and started measurement of land from the edge of main road to

our land and put pillar upon our landed property. We came to know from the said revenue staffs that some portion of our landed property has been

proposed for construction of National High Way as per scheme of Andaman & Nicobar Administration and notification has been issued to acquire

some portion of our land for construction of National High Way.

We further state that neither we have knowledge about any notification for acquisition of our landed properties nor we have served any notice

regarding acquisition of our landed properties or any compensation to us in this regards.

It is therefore most humbly prayed before your goodself to kindly into the above said matter and please to pass appropriate order/orders for

compensation in lieu of acquisition of land in question in the interest of justice.â€​

After receiving such complaint from the petitioners after about 2½ months on 07th May, 2019, the Assistant Reader to Deputy Commissioner

(N&M) issued notice to the petitioners thereby informing that hearing would be held in the office of the Assistant Commissioner, Rangat on 11th May

2019 at 2:00 pm regarding the issue of removal of obstruction following under the way of bridge approaching road to Baratang. Accordingly, the

petitioners appeared before the hearing and the petitioners were offered by the authority concerned that the petitioners will be accommodated

alternative land and adequate compensation. All on a sudden only on 13th December, 2019 only the authority made demarcation of said land.

Thereafter nothing was done regarding compensation as well as alternative land.

Then, all on sudden on 04th February, 2020 some person entered into the petitioners’ private house and started cutting down the trees without any

prior intimation to the petitioners or obtaining consent from the petitioners.

On last occasion, Mr. Rao, learned advocate appearing for the Administration submits that on the date of hearing the petitioners were assured that

alternative land would be provided to the petitioners along with the adequate compensation as per law. Mr. Rao also submits that though the allotted

land of the petitioners is in plot No. 32/2 but petitioners are also enjoying some portion of plot No. 33/1 which is a forest land. This submission of Mr.

Rao is vehemently opposed by Mrs. Nag. Mrs. Nag further submits that the petitioners’ case is only in respect of plot No. 32/2 and not in respect

of plot No. 33/1 as has been demonstrated by Mr. Rao.

It is revealed from the proposal dated 8th February, 2020 that the petitioners would be given alternative land pertaining to plot No. 32/2 measuring 200

Sq.mtr alongwith adequate compensation in accordance with law. To that effect notice has already been issued to the petitioners thereby informing

that on 14th February, 2020 at 11:00 A.M. is fixed for identification of the land as well as correction of the revenue records in the name of the

petitioners. It is also reveal from the proposal that a committee has already been constituted for considering adequate compensation in accordance

with law.

Considering the submissions advanced by the learned advocates appearing for the respective parties and after perusing the records as well as the

proposal dated 8th February, 2020 as handed up by Mr. Rao, I direct the petitioners to appear on the date fixed for identification as well as the

correction of the records before the Deputy Commissioner, Mayabunder. After identification and correction of the records in the name of petitioners,

the respondent authority as well as the committee constituted shall take steps to disburse the adequate compensation in accordance with law to the

petitioners without any delay but positively by 28th February, 2020. After receiving the compensation on the date as mentioned above the petitioners

are directed to vacate the land in question and hand over the same to the authority.

Till the alternative land is given by correcting the records in the name of the petitioners and the adequate compensation in accordance with law are

given to the petitioners as indicated above, the respondent authorities are restrained from disturbing the petitioners’ peaceful possession on the said

premises being plot No. 32/2.

The proposal dated 8th February, 2020 given by the Deputy Commissioner (N&M), Mayabunder as handed up by Mr. Rao be kept on record.

With these directions, this writ petition is disposed of.

However, no order as to costs.