KASMIKOYA BIYYAMMABIYODA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these Writ petitions are residents of Agatti Island in the Union Territory of Lakshadweep. They have approached this Court being aggrieved by Exhibit P13 fax message sent by the Deputy Collector (HQ) to the 3rd respondent wherein the said authority has been directed to take expeditious steps to dispossess the petitioners from the land in their possession for the purpose of constructing a 'Beach Road' from the northern end of the Agatti Island to the Southern Side of the Island all along the western shore.

(2.) The petitioners contend that their registered holdings abut the sea on the western side and according to them, the accretions on the western side of their property form part of their registered holding and they have been in possession and enjoyment of the same since time immemorial. They also contend that their possession of the accretions has been confirmed by the proceedings taken under various regulations applicable to the Union Territory of Lakshadweep. According to the petitioners, if the respondents intend to acquire their properties for the construction of the beach road, they have no other alternative but to acquire the property by complying with the procedure established by law.

(3.) The petitioners state that a person by name E.P. Firoz Koya filed a Public Interest Litigation contending that the construction of the beach road is contrary to the terms of the approved Integrated Island Management Plan (IIMP for short) since the construction was being carried out without leaving the requisite clearance as per the approved plan. A Division Bench of this Court, after hearing the litigant and the Lakshadweep Administration, dismissed the Writ Petition against which Special Leave Petition has been preferred before the Apex Court which is pending adjudication. While dismissing the Writ petition, this Court had held that the remedy of the objectors lies before the Civil Court as the proceedings initiated by the Administration pursuant to directions issued by this Court in en earlier Writ Petition under the Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation, 1965 ('LMA Regulation' for short) had become final and was not subjected to any challenge. The said order has been challenged before the Apex Court and is pending.