ANDAMAN PLANTATION & DEVELOPMENT CORPORATION PRIVATE LIMITED AND ORS. Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioners before me are an incorporated Company and also a Director and share holder thereof, questioning the legality of two orders, issued by the Deputy Commissioner, South Andaman district on 30th January 2015 rejecting a request made by the first petitioner (the company) for renewal of grant of certain land. The same order also directs the Sub -Divisional officer to take possession of such land. The first petitioner is at present in possession of approximately 1360 acres of land in different parts of the Andaman Islands. Under the applicable Regulation, being the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulation 1966 (the 1966 Regulation) the ownership of all land within the Union Territory of Andaman and Nicobar Islands vests in the Government of India. There are four classes of tenants categorized under Section 141 of the said Regulation, through which modes land can be allotted to individuals or firms by the authorities. These are (i) occupancy tenants (ii) non occupancy tenants (iii) Grantees, and (iv) licensees. Grant of land can be made for the purpose of cultivation of different long lived crops and for making construction for the purpose of or in connection with such cultivation.

(2.) AS per section 146 of the 1966 Regulation, the Lieutenant Governor (which post was earlier designated as Chief Commissioner) is the authority for making grant of land. The petitioner No. 1 claims to be in possession of the aforesaid land in different parts of the district of South Andaman in Minnie Bay, Bambooflat, Mithakhari and North Bay. Prior to promulgation of 1966 Regulation, the land relation in these islands was guided by the Andaman & Nicobar Islands Land Tenure Regulation 1926, which also prescribed exclusive ownership of land by the Government of India. The actual instruments on the strength of which the petitioners came into possession of the land however is not before this Court. What has been contended on behalf of the petitioners is that on the basis of an indenture executed on 15th May, 1959 between six individuals, who were the original grantees and the petitioner No. 1, the petitioners' right as grantee of the subject land had crystallized. It has been submitted on behalf of the petitioners that the said six individuals, who had executed the indenture dated 15th May, 1959 were promoters of the company, and on formation of the company, the subject -land was transferred to the latter. The petitioners are calming that grant was initially made in favour of their predecessors -in -interest in terms of clause 4 of the 1926 Regulation, which was renewed on 10th January, 1956. But the question on the manner in which the grant devolved on the petitioner No. 1 is not required to be examined for the purpose of adjudication of this writ petition, as that issue is not in lis before me in this proceeding. It is however disputed on behalf of the respondents that in 1956 there was renewal of the grant. Their contention is that the grant of 1956 was fresh grant. On conclusion of 30 years, the grant appears to have had been renewed for a further term of thirty years in accordance with Section 146 of the 1966 Regulation. In the instrument of transfer of the land, which was executed on 15th May 1959 (Annexure "P2" to the Writ petition), there is reference of making of grant of 887 acres and 4 Kanals of land by the Chief Commissioner to the first five individuals and the sixth individual representing his two minor daughters and a son. One document, through which renewal is sought to be effected in 1987 has been annexed as "P3" to the writ petition. This document dated 9th April 1987 pertains to the land situated at Minnie Bay and stipulates: - -

(3.) THE grant shall be subject to AN LR & LR Regulation, 1966 and rules made thereunder.