HONBLE LIEUTENANT GOVERNOR Vs. SMARTSPACE INFRASTRUCTURE PRIVATE LIMITED

JUDGEMENT

(1.) The present appeals have been preferred by the Andaman and Nicobar Administration against the common judgement and order dated January 11, 2023 passed in WPA No. 43 of 2019 (Smartspace Infrastructure Private Limited vs. Union of India), WPA No. 56 of 2019 (Jogeshwar Nath Arora vs. The Lieutenant Governor), WPA No. 45 of 2019 ( Girish Arora vs. Lieutenant Governor), WPA No. 6016 of 2020 (Smartspace Infrastructure Private Limited vs. Union of India and others), WPA No. 187 of 2021 (Smartspace Infrastructure Private Limited vs. Union of India and others) and WPA No. 6019 of 2020 (Smartspace Infrastructure Private Limited vs. Union of India and others).

(2.) By the impugned order, the learned Single Judge allowed the writ petitions, holding that the amended sub Clause (2) and (3) of Rule 4 (A) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Rules, 1968 published vide Notification dated January 17, 2018 are struck down as ultra vires of Sec. 40 (2) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 as well as of Article 14 of the Constitution of India. Simultaneously, the Notification dated January 17, 2018 published by the Andaman and Nicobar Administration was also quashed and the Sub Divisional Officer (SDO) directed to dispose of the respective applications of the writ petitioners in accordance with Sec. 40 (2) of the 1966 Regulations and the relevant Rules framed thereunder within six weeks from that date.

(3.) The appellants contend that one of the premises of the impugned judgement and order was that there was no prior publication of the impugned Notification dated January 17, 2018 in terms of Sec. 210 (1) of the 1966 Regulation. It is argued that 2018 Notification had merely brought in minor alterations to the previous Notification dated July 26, 2017, in respect of the composition of the Land Use Committee (LUC). Since the 2017 Notification was preceded by prior publication, no further prior Notification was necessary for the 2018 amendment. It is argued that thus, lack of prior publication for the 2018 Notification was not fatal to the same.