Sasikala Devi Vs the Andaman and Nicobar Administration and Others — Calcutta HC (2024) — LawSathi Research

Sasikala Devi Vs the Andaman and Nicobar Administration and Others — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petitions allowed and disposed of without costs: Secretary (Revenue) to decide within three months either to return possession of the 0.70 hectares or provide alternate land of equal value, location and importance (hearing the petitioners formally, indicating proposed land in writing and considering their choice); MES road not to be disturbed or claimed; Deputy Commissioner's order dated 30.05.2024 set aside.

Issue for consideration

Whether the petitioners are entitled to recovery of the 0.70 hectares of land at School Line Village (the areas outside the MES-constructed road, which they admittedly do not claim) - by return of possession or by provision of alternate land of equal value, location and importance. +2 more

Court's answer

The Deputy Commissioner had gone on record on six occasions that the land was never acquired by the Administration, from which it normally follows that possession of the 0.70 hectares must be returned to the petitioners or alternative land of 0.70 hectares made available by the Administration and/or the MES.

Ratio / Principle

This Court directed the Secretary (Revenue) of the Andaman and Nicobar Administration to take a decision within three months of communication of the order, either to return possession of the 0.70 hectares of land to the petitioners or provide them with alternate land of equal value and location.

Key takeaways

The Secretary (Revenue) shall hear the petitioners formally, indicate the proposed land to them in writing, consider their choice of 0.70 hectares requested for return, and any land returned or offered must be of equal value, location and importance.ratio¶14
The road constructed by the MES shall not be disturbed by the Administration and shall not be claimed by the petitioners.ratio¶11
The order of the Deputy Commissioner, South Andaman dated 30.05.2024 stands set aside.ratio

Detailed headnote1 paragraphs

Writ petitions WPA/284, WPA/288, WPA/295 and WPA/299 of 2024 (decided together) by successors of R.C. Biswas, recorded owner of 0.70 hectares at School Line Village near the Airport, Port Blair (Survey No.14/P), which remained out of the lands sold by their predecessor. Across earlier proceedings before various Benches of the Court (WP No.290 of 2015 dated 24.09.2015; MAT/028/2015 on 27.11.2015; WP No.383 of 2016 dated 06.12.2016; WP No.092 of 2018 judgment dated 14.08.2018; WPA/29/2022 order dated 22.04.2022), the Deputy Commissioner, South Andaman consistently replied that the land was mutated in the joint names of Anjana Devi and 13 others, and went on record on six occasions that the land was never acquired by the Administration. The High Court at Calcutta (Circuit Bench at Port Blair), Rajasekhar Mantha, J., on 7 November 2024, held that possession of the 0.70 hectares must be returned or alternate land of equal value, location and importance provided: the Secretary (Revenue) to decide within three months, hear the petitioners formally, indicate the proposed land in writing and consider their choice of land. The road constructed by the MES shall not be disturbed by the Administration or claimed by the petitioners. The Deputy Commissioner's order dated 30.05.2024 was set aside; the writ petitions were allowed and disposed of without any order as to costs.

IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ]

WPA/284/2024

Smti. Romila Devi

Vs.

The Andaman and Nicobar Administration

With

WPA/288/2024

Sasikala Devi

Vs.

The Andaman and Nicobar Administration and others

With

WPA/295/2024

Shri Satish Chandra Biswas

Vs.

The Andaman and Nicobar Administration

With

WPA/299/2024

Shri Upen Chandra Biswas

Vs.

The Andaman and Nicobar Administration

Mr. K. M. B. Jayapal …. for the petitioner

Ms. Babita Das … for the respondents

November 7, 2024 [SR] Item Nos.6,7,8&9

The petitioners’ predecessor one R.C. Biswas is the

recorded owner of area of 0.70 hectares of land at School Line

Village, near Airport at Port Blair. The said land remained out of the lands sold by their predecessor father.

The petitioners claim that they are paying land revenue for the said land for some substantial period of time.

Several rounds of litigation have occurred against the Deputy Commissioner, South Andaman and several directions have been issued by various Benches of this Court, inter alia, in WP No.290 of 2015 dated 24.09.2015, in MAT/028/2015 on 27.11.2015, in WP No.383 of 2016 dated 06.12.2016 in WP No.092 of 2018 by a judgment dated 14.08.2018 and WPA/29/2022 by an order dated 22.04.2022.

Against each of the aforesaid orders, the Deputy Commissioner has consistently replied as follows: - that the land of 0.70 hectares under the Survey No.14/P was mutated in the joint names of Anjana Devi andn 13 others, i.e. the writ petitioners.

The defence establishment has constructed a road on the land in question with the full knowledge of the petitioners and no objection was ever raised.

Reference is made to section 162(c) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 to argue that the right of tenant has been extinguished under clause (c) when a part of such land has been transferred/let out to use in contravention of the Regulation.

It is also contended that the petitioners did not take steps to reclaim the land on which the road was constructed by the MES.

Admittedly the petitioners are not claiming the land on which the road was constructed. They only claim the remaining areas of 0.70 hectares of land which remains outside the scope of the road construction.

The Deputy Commissioner has gone on record on six occasions that the land was never acquired by the Administration. It would, therefore, normally follow that the possession of the land comprising 0.70 hectares must either be returned to the petitioners or any alternative land of 0.70 hectares must be made available to the petitioners by the Administration and/or the MES.

In view of the above, this Court directs the Secretary (Revenue) of the Andaman and Nicobar Administration to take a decision in the matter i.e., either to return the possession of 0.70 hectares of land to the petitioners or provide them with alternate land of equal value and location within a period of three months from the date of communication of this order.

The road constructed by the MES shall not be disturbed by the Administration or claimed by the petitioners.

The petitioners may be heard formally by the Secretary (Revenue) and the land proposed to be offered to the petitioners shall be indicated to them in writing.

The Secretary (Revenue) shall also consider a choice of land comprising of 0.70 hectares, that may be requested by the petitioners for being returned to them.

It is reiterated that the land to the extent of 0.70 hectares must be of equal value, location and importance.

The order of the Deputy Commissioner, South Andaman dated 30.05.2024 shall stand set side. 16. With the above directions, the writ petition is allowed and disposed of without any order as to costs.

Urgent photostat certified copy of this order, if applied for,

be given to the parties upon compliance of all formalities.

( Rajasekhar Mantha, J. )