LAWS(CAL)-2011-9-114

KATCHAL SHOPKEEPERS ASSOCIATION Vs. LIEUTENANT GOVERNOR

Decided On September 23, 2011
KATCHAL SHOPKEEPERS ASSOCIATION Appellant
V/S
LIEUTENANT GOVERNOR Respondents

JUDGEMENT

(1.) THIS is a writ petition filed by Katchal Shopkeepers Association, Kapanga, Katchal Island, Nicobar District represented through its members Shri V. Rajendran, residing at Middle Point, Port Blair stating that petitioner nos. 1 to 14 who used to run various business at Katchal Island had permanent residence thereon but sustained heavy loss in the tsunami which hit these islands on 26th December, 2004. It is further case of the petitioner association that in order to assess the actual damage sustained by the shopkeepers and businessmen of that area, a survey team was appointed by S.R.O, Katchal vide Order No. 177 dated 3rd April, 2005 and after conducting necessary inquiry and spot verification, the survey team submitted a report of damages sustained by the various shopkeepers and businessmen of that locality including the present petitioner and recommended for compensation vide report dated 9th June, 2005( Annexure P-3). Though, a team of Administration assessed the damages and recommended compensation vide Annexure P-3 but the Administration only gave a sum of Rs. 10,000/- each to the petitioners ignoring the said report dated 9th June, 2005 prepared by their own agency. Several representations were made by the writ petitioner to the respondent authorities for payment of proper compensation for the loss sustained by them, but no further action was taken from the side of the respondents.

(2.) THE petitioner Association was compelled to file a writ petition being W.P.No. 074 of 2008 seeking compensation in terms of assessment prepared by the said assessment team. This court by an order dated 13th March, 2009 disposed of the writ petition directing the Chief Secretary or any other officers to be nominated by him to consider the said representation.

(3.) IT is further submitted that in the tsunami held on 26th December, 2004, there was huge damage of both government and private properties through out the islands but particularly in southern group of Andaman including Katchal area. Immediately after tsunami, affected persons were given Rs. 2000/- as interim relief and they were given proper shelter and food. A team of officers deputed to Katchal to assess the damages caused to lives and properties of general public in Tsunami.