WILLIAM Vs. THE LIEUTENANT GOVERNOR AND OTHERS

JUDGEMENT

(1.) Admittedly 1.21 hectares of land in survey No.282 at village Shoalbay was allotted to the petitioner for cultivation of rubber under clause (1) of section 146 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 for a period of 30 years with effect from 10.5.1972 with an option for renewal for a further period of 30 years, subject to enhancement in the land revenue. The period of Grant expired on 10.5.2002. Before expiry of the period of Grant, the petitioner herein along with other allottees jointly submitted an application before the Deputy Commissioner, Andaman and Nicobar Islands, Port Blair on 16.4.2002, praying for extension of such Grant for a further period of 30 years. Keeping the said application pending, the concerned authority initiated a proceeding for eviction under section 5 of the Public Premises(Eviction of unauthorised occupants) Act, 1971 against the petitioner for recovery of possession of the said land from the petitioner.

(2.) Under such circumstances, the petitioner has come up before this Court with this writ petition seeking appropriate relief.

(3.) Having heard the learned advocate for the parties and after considering the materials on record, this Court is of the view that the respondent authorities were not justified in initiating a proceeding for eviction under section 5 of the Public Premises (Eviction of unauthroised occupants) Act, 1971, before taking the ultimate decision on the petitioner's prayer for extension of the Grant for a further period of 30 years, particularly when the petitioner prayed for such extension in exercise of the option given to him in the original allotment letter, prior to the expiry of the Grant.