Tarun Kumar Gupta - (1.) THIS is a writ petition filed by Katchal Shopkeepers Association, Kapanga, Katchal Island, Nicobar District represented through its members Shri V. Rajendran, residing at Middle Point, Port Blair stating that petitioner nos. 1 to 14 who used to run various business at Katchal Island had permanent residence thereon but sustained heavy loss in the tsunami which hit these islands on 26th December, 2004. It is further case of the petitioner association that in order to assess the actual damage sustained by the shopkeepers and businessmen of that area, a survey team was appointed by S.R.O, Katchal vide Order No. 177 dated 3rd April, 2005 and after conducting necessary inquiry and spot verification, the survey team submitted a report of damages sustained by the various shopkeepers and businessmen of that locality including the present petitioner and recommended for compensation vide report dated 9th June, 2005( Annexure P-3). Though, a team of Administration assessed the damages and recommended compensation vide Annexure P-3 but the Administration only gave a sum of Rs. 10,000/- each to the petitioners ignoring the said report dated 9th June, 2005 prepared by their own agency. Several representations were made by the writ petitioner to the respondent authorities for payment of proper compensation for the loss sustained by them, but no further action was taken from the side of the respondents.
(2.) THE petitioner Association was compelled to file a writ petition being W.P.No. 074 of 2008 seeking compensation in terms of assessment prepared by the said assessment team. This court by an order dated 13th March, 2009 disposed of the writ petition directing the Chief Secretary or any other officers to be nominated by him to consider the said representation. The respondent no.3 namely the Relief Commissioner, A&N Administration, Port Blair without appreciating the case of the writ petitioner in its true and proper perspective passed the impugned order dated 10th June, 2009 ( Annexure P-14). The writ petitioner claimed for damages in terms of report dated 9th June, 2005 of the survey team but the respondent no.3 have rejected the said claim by the impugned order dated 10th June, 2009. Accordingly, the petitioner has prayed for setting aside the impugned order dated 10th June, 2009 passed by the respondent no.3 and a further direction to the respondents to pay the compensation to the members of the petitioner Association as per assessment report dated 9th June, 2005 ( Annexure P-3) and other consequential reliefs. The respondents have filed affidavit in opposition alleging inter-alia that Katchal Shopkeeper Association being a unregistered association had no right to file a writ either on his own behalf or on behalf of his members.
(3.) IT is further submitted that in the tsunami held on 26th December, 2004, there was huge damage of both government and private properties through out the islands but particularly in southern group of Andaman including Katchal area. Immediately after tsunami, affected persons were given Rs. 2000/- as interim relief and they were given proper shelter and food. A team of officers deputed to Katchal to assess the damages caused to lives and properties of general public in Tsunami. The Katchal Island is a tribal reserved area and except government building, no non-tribal had any landed property in the tribal area. Non-tribals were also not eligible to acquire any landed property in tribal area either for residential purposes, or for shops under the provisions of A&N Islands Land Revenue and Land Reforms Regulation, 1966 and Rules framed thereunder and also under the provisions of A&N Islands (Protection of Aboriginal Tribes) Regulation, 1956 and Rules framed thereunder. The nontribals including the petitioners had no land in Katchal Island being tribal area and they are also not permitted to carry out any business inside tribal reserved area. There is no record showing that the petitioners were permitted to start any shop or business in Katchal Island which was reserved as tribal area. However, the non-tribals including the petitioners were allegedly given permission by the tribals of Katchal Island to run petty business. The petitioner and other non-tribals running petty business in that area had no document to show that how much damage they sustained by Tsunami. The officers of survey team were deputed to assess the damages to shops and buildings and they assessed the damages as per verbal submission of local persons including the members of the petitioner Association. Just after tsunami, the respondent authorities provided immediate financial assistance to the families affected by tsunami and the ex-gratia relief as per CRF and NCCF norms as approved by the Govt. of India and fixed the quantum of relief in cash payment for various types of damages sustained by the residents including small business enterprises of tsunami affected areas including Katchal Island. As per the CRF and NCCF norms, the small business enterprises run by the shopkeepers in tsunami affected areas were eligible for payment of Rs. 10,000/- each as ex-gratia relief. The shopkeeper of Katchal including the members of said association were also paid Rs. 10,000/- each as ex-gratia relief as per CRF and NCCF norms. In terms of direction dated 13th March, 2009 issued by this Honble Court in W.P.No. 074 of 2008, the respondent no.3, under direction of the Chief Secretary, disposed of the representati of the members of the writ petitioner Association. The Relief Commissioner did not find any merit in the claim of the writ petitioner and accordingly the same was dismissed.;