SAYEEDA MUSHTAQ Vs. LT. GOVERNOR

JUDGEMENT

(1.) The MAT No. 1350 of 2019 and MAT No. 1351 of 2019 are at the instance of the Ashora Bibi and Khatiza Bibi whose writ petitions being WP No. 423 of 2016 and WP No. 481 of 2016 were dismissed by a common judgement and order dated September 5, 2019. The other four appeals being MA No.44 of 2019, MA No.45 of 2019, MA No. 46 of 2019, MA No.15 of 2020 are at the instance of Sayeeda Mushtaq and Sabeena Mushtaq challenging selfsame judgement and order dated September 5, 2019 after seeking leave to appeal as the said order substantially affected their right without being impleaded party in the aforesaid writ petitions.

(2.) All the six mandamus appeals are taken up together for the purpose of convenience and avoidance of prolixity of repetition of facts.

(3.) The facts of the instant appeals are more disturbing for the simple reasons that the illegal and unauthorized constructions have not been demolished by the concerned authorities despite the orders of the demolition passed as far back as in the year 1991. A show cause notice under Section 158 (F) of the Andaman and Nicobar (Municipal Boards) Regulation, 1957 was issued on 19.12.1991 against Ashora Bibi alleging unauthorised construction and asking her to show cause why such unauthorised construction should not be demolished. Subsequently, an application was made by Ashora Bibi for sanction of the building plan which was return by the Board on 08.09.1992 as it cannot be considered because of earlier construction of the building without approval of the Board and an order of demolition has already been passed.