SMARTSPACE INFRASTRUCTURE PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitions being interrelated to each other were heard together and since a common judgment will govern all the writ petitions I proceed to pen the judgment accordingly.

(2.) The petitioners by preferring the writ petitions challenge the legality and constitutional validity of the amended sub-rules (2) and (3) of Rule 4(A) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Rules, 1968 ( in short A & N. Land Revenue and Land Reforms Rules, 1968) published vide notification dtd. 17/1/2018 by the Andaman and Nicobar Islands administration and pray for directions upon the respondents authorities to dispose of the applications made by them for diversion of some tracts of land of them to commercial use to set up an eco-friendly tourism resort over the land.

(3.) The petitioners of W.P.A. 43 of 2019, in order to set up an eco- friendly tourism resort, made two applications - one dtd. 27/5/2010 and the another dtd. 22/2/2012 to the Sub- Divisional Officer, South Andaman District for conversion of some tracts of its agricultural lands as particularized in the writ application to commercial use. Though both the two applications were registered as R.C. Case and hearing was conducted by the Sub-Divisional Officer, but, the Sub-Divisional Officer, the respondent No. 6 herein, has kept both the two applications pending for years together. On the other hand, the writ petitioner of W.P.A 56 of 2019, for the aforesaid purpose, made an application to the Sub-Divisional Officer, South Andaman District at Port Blair on 27/1/2016 seeking conversion of some tracts of his paddy, house site and hilly land to commercial use. Since the application filed by the petitioner was not taken up by the authority concerned for disposal, he by submitting an another application dtd. 27/11/2016 and ventilating his grievances sought for relief from the authority concerned. But, the application made by him is still pending. The writ petitioner of W.P.A 57 of 2019, also in order to construct an eco-friendly resort, made application to the Sub-Divisional Officer, North and Middle Andaman District on 27/1/2016 seeking conversion of some tracts of his paddy land, house site and hilly land to commercial use. The application made by the petitioner has not yet been disposed of. The writ petitioners of W.P.A. 6016 of 2020, for the similar purpose, made application to the Sub-Divisional Officer, North & Middle Andaman District on 5/2/2016 seeking conversion of its some tracts of land of agricultural and household nature to commercial use. But, the application made by it is still pending. The writ petitioners of W.P.A 6019 of 2020, also to set up an eco-friendly tourism resort, made application to the Sub-Divisional Officer, North & Middle Andaman District on 16/6/2016 for conversion of its a tract of agricultural land to commercial use. The application made by the petitioners has also not yet been disposed of by the authority concerned. The writ petitioners of W.P.A 187 of 2021, also for the aforesaid purpose i.e. to set up an eco-friendly tourism resort, made an application on 5/2/2016 to the Sub-Divisional Officer, North & Middle Andaman District for conversion of its a tract of land as particularized in the application to commercial use. But, this application as made by the petitioners is still pending.