SHANTI RANI MISTRY Vs. LIEUTENAT GOVERNOR

JUDGEMENT

(1.) THE petitioner is the recorded tenant of land bearing survey No. 505/2 and 505/3 situated at Sitanagar Village under Diglipurtehsil having occupancy right granted in the year 1982. The land bearing survey No. 505/3 is a house site and survey No. 505/2 is a hilly land. There is the existence of paduak tree on the said land endangering human life and also causing an obstruction to construct a residential house. The petitioner got the land in question from the original recorded tenant Shri Shyamal Mitra by purchase through Power of attorney made in favour of the husband of the petitioner on full payment of consideration of money.

(2.) IT is the contention of the petitioner that she could not be able to use the entire land for raising plantation because of the commercial trees standing on the said land and for that reason she sustained much loss. It is the further contention of the petitioner that as per the provision of Section 156 of andaman and Nicobar Island Land Revenue and Land Reforms Regulation 1966, (hereinafter called 'the Regulation') the forest authority has to remove the commercial trees from the land within the period of six years from the date of acquisition of occupancy right and in case of failure to remove the trees, the tenant will get ownership of the trees. The petitioner obtained the right of occupancy in the year 1982 and the commercial trees having not been removed by the forest authority within the said period, the petitioner claims that she has become the full owner thereof.

(3.) THE petitioner applied to the Sub Divisional Magistrate, North and middle Andaman, Mayabunder with the request to permit her to cut the trees standing on her land having occupancy right, but, instead of according permission, the Sub Divisional Magistrate passed the impugned order dated 20. 2. 2007 and 24. 5. 2007 directing the Divisional Forest Officer, Diglipur to fell and remove the trees within 20 days from the date of service of the order and aiso illegally directing to take the logs into the stock of forest department. The forest authority did not take any action to fell the trees and subsequently, the petitioner engaged some labours at her own cost and fell the tress converting the same into logs on 14. 10. 2008. As soon as the trees were felled and converted into logs, the Range Officer, Diglipur came to the land of the petitioner along with some labours to remove the logs and take the same into the stock of the forest department. The petitioner submitted a representation on 17. 10. 2008 to the Divisional Forest Officer, Diglipur requesting him to stop the cutting of trees.