SMT. N. ROHINI AMMA Vs. ASSISTANT COMMISSIONER (S) & 5 ORS.
HIGH COURT OF CALCUTTA
Smt. N. Rohini Amma
Assistant Commissioner (S) And 5 Ors.
Referred Judgements :-
S.N. BANERJEE V. CHARGE OFFICER
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Mr. Susania Chatterjee, J. -
(1.)The present rule was issued on 11.11.1991 at the instance of the Writ petitioner who has prayed Inter alia for a Writ in the nature of Mandamus to command the respondents to cancel the impugned order No. 403 dated 13.8.1991 being annexure R-8 and the impugned decision issued against the petitioner to evict from the piece and parcel of land measuring 200 sq. m. being Plot No 164/D and 165/8 in Block No. 3A(2) at Hadde village, Port Blair by cancelling the licence as alleged in the Annexure 'A' thereby. It is stated in detail that the petitioner came into possession of the piece and parcel of land measuring about 200 sq. m. in Block No. 3 A(2) at Plot No. 164(D) and 168/5 at Hadde village of port Blair Tahsil and she constructed a residential house therein and she has been residing there with the members of the family. Andaman and Nicobar Administration took steps towards the regularisation of encroachment of Govt. land and decided that all pre-1979 encroachments will be regularised on the basis of the report of Encroachment Regularisation Committee Constituted by the A & N Administration. It is placed on record that in the year 1987, A & N Admn. took a decision that eviction proceedings will be initiated against the post-1978 encroachers and no eviction will be initiated against the persons who had encroached the Government land prior to 31.12.1978. By order No. 4464 dated 24.8.1984, the Andaman and Nicobar Admn. constituted a High Power Committee for regularisation of encroachment cases and thereafter by notice dated 8.10.984, A & N Admn. invited applications from pre-1979 encroachers to consider their cases for regularisation and pursuant thereto the petitioner applied for regularisation. The relevant circulars and steps taken by the Administration have been referred
(2.)In order to regularise the encroached land a Scheme has been formulated and the encroachers have to fulfil the desired conditions for the purpose of regularisation of the respective lands in their wrongful occupation. It is stated that the Committee has approved the case of the petitioner for regularisation of her encroachment of land and thereafter issued a licence on 21.12.1988. After issuing the licence dated 21.12.1988, the petitioner alleged to have spent huge amount for the development of land including the construction of residential accommodation therein. It is alleged that all on a sudden some time on 16.8.1991. The petitioner received a copy of the order no. 403 dated 13.8.1991 issued by the Assistant Commissioner (Settlement) whereby the petitioner was informed that the Respondent Authorities have cancelled the licence granted to the petitioner. By the impugned order dated 31.1.1991. The petitioner's licence was cancelled without giving an opportunity of hearing to the petitioner and being aggrieved the petitioner has come up with this Writ petition seeking the reliefs as indicated above. The petitioner has further alleged that in respect of a portion of the land port Blair Municipal Board has occupied by a temporary shed for keeping the materials and in spite of the petitioner's request, the Municipal Authorities are not removing the shed and the materials therefrom.
(3.)The Writ petition is contested both by A & N Admn and by Municipal Board.
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