LAWS(CAL)-1995-9-42

SUSHIL DHALI Vs. A AND N ADMINISTRATION

Decided On September 13, 1995
Sushil Dhali Appellant
V/S
A AND N ADMINISTRATION Respondents

JUDGEMENT

(1.) The Petitioner in this application has, inter alia, prayed for the following relief 's:

(2.) Before entering into the controversies involved in this application, the relevant facts which are material for the purpose of disposal of this application may be noticed. By a notification dated April 17, 1983 published in the Andaman & Nicobar Gazette, Little Andaman measuring an area of 282.46 acres was declared to be a reserve forest within South Andaman Reserve. The entire reserved forest area of Little Andaman excluding the area declared as Tribal Reserve and the areas derisive for non -forestry purposes, was granted in lease by an indenture dated November 20, 1987, executed by the Chief Conservator of Forests, for a period of 30 years in favour of Andaman & Nicobar Islands Forest and Plantation Development Corporation Limited (hereinafter for the sake of brevity referred to as 'the Corporation'), which admittedly is a Government of India undertaking, with retrospective effect from April 1, 1977. The relevant clauses of the said indenture are as follows:

(3.) The lessee will have liberty and power to undertake - development and recreation facilities, raising cash crops and plantation crops etc. at their own cost, subject to the general approval of the Government to the effect from time to time.