Girish Chandra Gupta, J. - (1.) This is a public interest litigation filed by a reporter of a Bengali daily newspaper. The subject-matter of challenge in this application is order No. 3683 issued by the Andaman and Nicobar Administration Secretariat revising the passenger ship fare. According to the revised tariff a non-islander is liable to pay almost double the amount payable by an islander. The order has been challenged inter alia on the ground of hostile discrimination. It would be convenient to set out the impugned order which is as follows: "In supersession of this Administration's order No. 3076 dated 16/18th October, 1996 the Lieutenant Governor (Administration) Andaman and Nicobar Islands has been pleased to revise the passenger ship fare for various classes of accommodation on the mainland island sector as per the details given below:- JUDGEMENT_99_LAWS(CAL)5_2002_1.html This order shall come into force with effect from 1.12.99. By order and in the name of the Lt. Governor."
(2.) The Administration has sought to justify the aforesaid revision on the following grounds; "(a) I, however, say that the introduction of dual fare is one of the methods to stop influx of population as the main mode of transport being ship only, the people will be little bit reluctant to visit Andaman & Nicobar Islands on payment of higher fare than what is admissible to the islanders." "(b) I, however, say that the geographical condition of these islands are such that it would bear the load of population to a limited extent and the high rate of influx of population to these islands was considered not desirable and in the interest of people residing in these islands." "Thus, the A & N Administration after having a detailed deliberation with the representatives of different political parties and other organisations, came to the conclusion that to check the growing tendency of influx measures should be adopted in this regard for dual passenger fare structure in the shipping sector in between mainland and islands i. e. a higher rate of passenger fare to all non-islanders and a concessional rate of fare specifically applicable to the islanders who are continuously residing in these islands for last ten years possessing local certificate issued by the revenue authorities of the A & N Administration. It may be further placed on records herewith that the Govt. of India considering the geographical condition of these islands and the economical background of the people permanently residing in these islands is providing subsidy to a large scale in the shipping sector. The passenger fare in the shipping sector is determined and fixed by the A & N Administration keeping in view of the above subsidy and many other local existing conditions/ factors of these islands. The non-islanders, in fact, who are basically coming in these islands for the purpose of tourism and for their own personal interest, do not deserve the subsidy-facility being provided to the islanders."
(3.) It would appear from the explanation furnished by the administration, noticed above, that (a) geographical condition of this island, (b) the economical background of the people residing in the island, are factors which have been taken into consideration for the purpose of fixing concessional rate for the is- landers and the non-islanders basically coming to these islands for the purpose of tourism and for their-personal interest have been kept outside the zone of concession obviously because they do not suffer the same geographical condition and the economical background.;