JESSY JOHN Vs. UNION TERRITORY ADMINISTRATION

JUDGEMENT

(1.) THE solitary point in issue in this writ petition is whether the petitioner's resort is located within the radius as defined in the notification dated 30th October, 2007 issued in exercise of the power conferred under Sub-section (1) of Section 3 of the Andaman and Nicobar Islands (Protection of Aboriginal Tribes), Regulation, 1956.

(2.) BY notification dated 29th March, 2005 issued by the A and N Administration, a scheme was framed for granting 50% capital subsidy on the industrial units engaged in tourism, information technology, fisheries, coconut and arecanut in rural areas. The object behind such scheme was to promote the industrial units engaged in above referred activities in the rural areas and was operative on and from 1st April, 2002 till 31st March, 2007. In order to avail the capital subsidy under the said scheme, the petitioner purchased the land situates at Sundergarh at Baratang for setting up a resort for tourism purposes. The conversion of the land for tourist purpose was granted on 14th March, 2007 subject to the conditions that the petitioner or the successor in interest shall pay the land revenue at revised rate regularly, shall not use the land for any other purposes other than for which the permission was granted and shall strictly follow the setback rules.

(3.) IT appears that on 21st April, 2008, the petitioner applied for grant of bar licence and a proceeding was initiated in the office of the Deputy Commissioner, North & Middle Andaman District, Mayabunder. The Tehsildar, Rangat was directed to submit a report as to whether the petitioner's resort comes within the buffer zone or not. The Tehsildar, Rangat reported that the said resort is located more than five kilometres away from Jirkatang Jarawa area and more than two kilometres from Kadamtola Jarawa (Primitive Tribal Group) reserve. However, it was doubted by the said Tehsildar, Rangat that he is unable to report conclusively in absence of the exact buffer zone map which is not available with his office. In response to the said report the Secretary (Tribal Welfare) was approached for his comments. According to the comments submitted in terms of the said response, it appears that the said authority indicated that necessary amendments in the said Regulation is under active consideration of the Administration. The said comment does not speak about whether the petitioner's resort is situated within the buffer zone or not. But the authorities, on the basis of the report of the Tehsildar, Rangat that the resort is situated within the radius of five kilometres from Kadamtola Jarawa (Primitive Tribal group) reserve, held that the said resort is within the five kilometres radius and is required to shut down its operation. Subsequently, the Assistant Commissioner (Settlement) on being approached by the Chief Secretary reported that the resort is located within the five kilometres radius from all directions and therefore comes within the buffer zone area. The basis for the measurement was done from the digitalised arc view software by superimposing on A & N Islands map. Subsequently, a notice dated 8th December, 2010 was issued upon the petitioner to close down the activities as the petitioner's resort falls within the buffer zone as declared by the authorities. By further order No.3 dated 14th January, 2011 the petitioner was reminded to shut down her activities and by further order dated 8th February, 2011, the Tehsildar, Rangat was directed to seal the petitioner's resort which is impugned in this writ petition.