HOTEL LAKSHMI BAR & RESTAURANT Vs. LT. GOVERNOR

JUDGEMENT

(1.) THE petitioners have assailed the order dated 23rd July, 2010 by which the Deputy Commissioner, North & Middle Andaman District, Mayabunder, has rejected their application for renewal of Bar licence as the establishment of the petitioner no.2 is located within the buffer zone. THE petitioners have also challenged the notification dated 30th October, 2007 by which the Lieutenant Governor declared the area of buffer zone.

(2.) IT is an admitted fact that the petitioners being the recorded tenant of the land measuring 0.5 hectors comprising Survey No.24 at village Nilambur under Rangat Tehsil were allowed for the conversion of the land for opening a Bar- cum-Restaurant by the Deputy Commissioner, Andaman District w.e.f. 13th September, 2005 till 31st March, 2006. The said licence was renewed from time to time for a limited period till 31st March, 2010. Before the expiration of the said period, an application was taken out on 2nd March, 2010 by the petitioners before the Deputy Commissioner, North & Middle Andaman, seeking for the renewal of the said licence. Initially, the authorities passed various directions relating to the observation of the formalities which are required for the purpose of granting renewal of the said licence but ultimately no decision was taken thereupon. On 29th March, 2010 the Tehsildar, Rangat submitted a report which envisaged that the bar and restaurant of the petitioners is located in Bazar area of Nilambur village which is away from Jarawa Tribal reserve area. In spite of the aforesaid report being submitted and action being taken upon the said application for renewal, no decision could be taken by the Deputy Commissioner. The petitioners thereafter filed a writ petition being W.P. No.1086 of 2010 before this Court which was disposed of on June 14, 2010 with a direction upon the Deputy Commissioner, North & Middle Andaman, to consider the said representation/application dated 2nd March, 2010 within four weeks from the date of communication of the order after giving an opportunity of hearing to the petitioners.

(3.) MRS. Nag, learned advocate appearing for the petitioners submits that the Tehsildar, Rangat has found that the bar and restaurant of the petitioners is situated away from the Jarawa Tribal area and therefore the Deputy Commissioner could not have rejected the said application for renewal of the Bar licence holding that it comes within the buffer zone. She further submits that Section 3 of the Andaman & Nicobar Islands(Protection of Aboriginal Tribes), Regulation, 1956 does not authorize the Chief Commissioner to declare the buffer zone as the said power is conferred upon the said authority relating to the declaration of the reserved area of the aboriginal tribes.