CAPTAIN KESARI PHIREOZ NOBLE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by this writ application has prayed for quashing of the notice dated 20/2/92 issued by the Tehsildar, ferrargunj (Annexure - C to the petition), the Judgment and Order dated 25/2/92 issued by the Tehsildar, Ferrargunj (Annexure -D to the petition) and also for commanding the respondents and each of them, their men, servants and agents to act in accordance with law and to forbear from demolishing the jetty and wooden structure built by the petitioner as a landing point to a plot of land at 'flat Bay' island within the Ferrargunj Tehsil, South Andaman. The petitioner has also prayed for a writ of certiorari for directing the respondents to transmit the records relating to the impugned notices and orders as aforesaid upon certification of the same by the respondents and to set aside the said notices and orders.

(2.) SHORN of the detail, the petitioner's case is that one Avtar Singh purchased in public auction sale a land measuring 10,00 hectares, bearing khasra No. 5, being a small island, known as 'flat Bay' in South Andaman, after fulfilling the necessary conditions as required under the law. The petitioner in turn purchased the said land from the said Avtar Singh sometime in April 19s6. There were standing coconut plantations on the said plot. The petitioner developed the land by malting further plantations and taking other appropriate steps. The said 'flat Bay' island is within Ferrargunj Tehsil and after such purchase the petitioner had his name mutated in respect of the said land from the Tehsildar, Ferrargunj.

(3.) THE petitioner further alleged that in order to negotiate that island from the sea, the petitioner fact a enormous difficulty due to the hostile nature of the beach so in order to facilitate to negotiate the is land from the sea by boat the petitioner constructed a wooden platform on the sea and connected the same with a jetty to go to the island from the boat and also constructed a two storied building.