Ashis Kumar Chakraborty, J. - (1.) This mandamus appeal is directed against the order dated March 29, 2017 passed by a learned Single Judge of this Court in W.P. No.490 of 2016. By the impugned order, the learned Single Judge rejected the writ petition filled by the appellants.
(2.) Briefly stated, the facts giving rise up to the instant appeal are that the appellants or their predecessors purchased the agricultural land, bearing survey Nos. 2, 3, 4, 5, 6, 7, 8 and 9 comprising an area of 1.70 hects. situated at Garacharma village, under Port Blair Tehsil (hereinafter referred to as "the said land") from Shri Prem Chander. The transfer of the various portions of the said land in favour of the appellants or their respective predecessors in interest took place by virtue of sale deeds dated July 8, 1991 and April 20, 1992, respectively executed by the said Prem Chander.
(3.) Thereafter, the Tehsilder, Port Blair Tehsil mutated the said land in the joint names of the appellants or their predecessors. According to the appellants, subsequently they amicably prepared a layout plan, showing their respective portions of the said land and they are in possession of their respective demarcated portions of the said land. On August 18, 2000 the appellants submitted an application before the Sub Divisional Officer, South Andaman seeking permission to divert the said land for alternative use when they came to know that the respondent No.3, the Deputy Commissioner (Andaman District) issued a public notice dated December 1, 1995 under Section 3 (2) of the Works of Defence Act, 1903 (hereinafter referred to as "the Act") that the land specified in the schedule to the said notice, including said land have been declared by the Central Government under Section 3 (1) of the Act as sterile zone prohibiting construction of any building thereon.;