NISHITA MHATRE, J. - (1.) THE appeal is directed against the judgment and order of the learned Single Judge of this Court in W.P. No.1304 of 2010. By the order dated 13th July, 2012 passed in this Writ Petition, the learned Single Judge had quashed the order dated 6th January, 2006 issued by the appellant No.5 in the present appeal directing the respondent herein to refund the ex - gratia amount of compensation of Rs.7,69,900/ - to the Administration on or before 17th January, 2006.
(2.) WE have heard the appeal in the absence of the advocates for the appellants. This is because the respondent was represented by the advocates from the Mainland who had arrived in the Islands only to attend the present matter. We did not think it proper to adjourn the matter when the appellants were not represented by their advocates nor was any accommodation sought for. We did not, therefore, think it proper to encourage such irresponsible and negligent conduct, especially from the appellants. The respondent is a private limited company with its registered office in Kolkata and local office at Port Blair. The respondent is engaged in the farming of several crops including are canut, black pepper, banana, coconut, pine apple etc. on land leased from the appellants. The initial lease of the agricultural land given in 1956 has been extended from time to time and the respondent continues its farming activities on this land.
(3.) WITH the Tsunami which occurred on 26th December, 2004 the respondent suffered huge losses. According to the respondent, the losses suffered by it affected the livelihood of 120 families of persons who are employed with the respondent. An internal assessment of the losses was carried out by the respondent and it was found that the losses aggregated to Rs.11,16,88,514/ -. An application was submitted by the respondent on 14th January, 2005 for being compensated in terms of the assistance which the appellants had proclaimed would be extended to all those who are affected adversely by the Tsunami.;