JAGDISH DAS Vs. THE ANDAMAN & NICOBAR ADMINISTRATION

JUDGEMENT

(1.) THE writ applications would relate to a common question of law having great similarity of facts. We intend to dispose of all the applications by a common judgment and order.

(2.) MR . Jayapal, learned Advocate appearing for the writ petitioners in the WP No. 031 of. 2014 and WP No. 032 of 2014, submits that the Rule 165 of the said Rules has, no statutory force as it had not been enacted in terms of Section 210 of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 (hereinafter referred to as the said Regulations). Mr. Jayapal draws the attention of this Court to Section 210 of the said Regulation and submits that the rule making power of competent authority is restricted to the matters under the sub -clauses (i) to (x1) of Section 210(2). Under the said provision no jurisdiction stands conferred upon the competent authority under Section 210(1) to frame any rule pertaining to construction of any building maintaining the set back.

(3.) IN support of his submission, Mr. Jayapal had relied upon the following judgments: