S.Chatterji, J. - (1.) -Having heard Mr. Tapan Kumar Mukherjee for the petitioner and Mr. R. Shiv Saroop for the respondent Administration, it appears that the writ petitioner has prayed for inter alia : (A) A writ in the nature of Mandamus commanding the Respondents and each one of them (i) to cancel, rescind and/or withdraw the impugned memo dated 13th November 1991 issued by the Assistant Secretary, Respondent No. 7 herein, forthwith ; (ii) to consider the application of the petitioner company for grant of allotment of lease for wasteland of Brackish water Prawn culture after giving a reasonable opportunity of hearing to the petitioners and on the basis of micro-level survey team's report and the report of the Tahsildar of Port Blair dated 2nd November 1987 as well as the order dated 17th October 1988 passed by the Hon'ble Lt Governor and pass a speaking and reasoned order and grant allotment in favour of the petitioners on payment of usual charges for any area within Andaman. (B) A writ in the nature of Certiorari directing the Respondents to certify and transmit the entire records including the impugned Memo dated 13th November 1991 (Annexure-Q) so that conscionable justice may be done by setting aside and/or quashing the same ; (C) A Rule in terms of Prayers (A) & (B) above ; (D) An ad-interim order of injunction restraining respondents and each one of them, their servitors and of agents and/or subordinates from leasing out the land for Brackish acquaculture in favour of any third party until and unless the applications of the petitioner company for grant of allotment of land for Brackish waters land/acquaculture/prawn culture is duly considered by the Respondents on the basis of the Micro level Survey team's report as well as the report of the Tahsildar, Port Blair dated 2.11.87 and the recommendation of the Lt Governor of Andaman dated 17th October 1988 (Annexure-J) and from interfering with the business of the petitioner company on the said land in any manner whatsoever pending the disposal of the Rule ; (E) And pass such other or further order or orders as your Lordships Court may deem fit and proper.
(2.) It is contended that the petitioner No. 1 is a company, and Petitioner No. 2 is one of the Directors. In the year 1987, the petitioners made an application before the Deputy Commissioner, District of Andaman's, Port Blair for allotment of waste land-about 3000 hectares for brackish water prawn/shrimp culture. There are several reports of Tahsildar, Rangat, that certain areas are lying vacant and viable for allotment. The matter was brought to the notice of the Director of Fisheries, A & N Islands for allotment of land in question. The Director of Marine Products Export Development Authority was approached for technical opinion. The Assistant Secretary of A & N Administration by a communication placed on record-that the Director of Fisheries, A & N Islands, took steps as to conducting of micro level survey of brackish water area in A & N islands and the Administration has already informed the Marine, Cochin and Mahasagar, New Delhi that the survey team may visit for micro level survey in these islands within a specific period. Ultimately the Marine Products Development Authority gave out its reaction that the areas at Bharatpur and Lakanpur in Neil Island are basically dense forests situated well above the water level. Moreover, the soil is totally sandy and there is no natural creek for drawing any water, hence these two areas were not considered for farming. These is also a communication between the Lt Governor and a member of Parliament about the steps taken by the Ministry of Agriculture to undertake the Micro-level survey to assess the potential aspect as suitable for brackish water acquaculture. Sub-sequently, the rules were framed viz : the "Andaman and Nicobar Islands, allotment of brackish areas for coastal acqua-culture to entrepreneurs 1989." Rule 5 envisages inter aria that the allotment of brackish area on lease will be given to the locals only. In case locals are not available, the non-locals may be considered for such allotment by the Secretary (Fisheries), A & N Administration. The proforma of the lease documents has also been prepared The grievance of the petitioners is that they made huge investment upon the alleged assurance by the departments concerned and the present writ petition is filed to seek the reliefs as indicated above.
(3.) The writ petition is opposed by the Administration by filing an affidavit-in-opposition. All the allegations have been controverted. It is placed on record that in any appropriate time the question of granting lease may be considered but the petitioner company is not entitled and there is a bank loan and other infirmities. Affidavit in reply has been filed by the petitioners reiterating the points already taken in the main writ petition. It is also averred that there is no bar or impediment to grant lease in favour of the petitioners while the petitioners are ready to comply with all the terms as prescribed under the rules.;