VINAY PAL SINGH Vs. LIEUTENANT GOVERNOR

JUDGEMENT

(1.) The grievance of the writ petitioners is that, despite a previous order of a coordinate Bench of this court sitting in Circuit at Port Blair dated January 10, 2019, passed in WP No.309 of 2018, directing the Lieutenant Governor to take a decision on perusal of certain documents produced by the parties, regarding the veracity of cancellation of licence of the petitioners, the Lieutenant Governor has not taken any decision on the issue. Despite having applied for relevant documents under the Right to Information Act, the petitioners could only obtain some of the documents, which reveals that there was no adjudication by the Lieutenant Governor at all but merely some office records showing the minutes, which was recorded at the behest of the Assistant Secretary (Revenue), annexed at pages 140-144 of the instant writ petition. It is further argued that the original licence granted to the predecessor-in-interest of the petitioners contained a clause that if the licencee fails to observe any condition specially mentioned in the licence or with any provisions of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations,1966 and the rules made thereunder and in force at the time being, the granting authority may cancel or modify the licence forthwith as regards the whole or part of the land under licence.

(2.) It is argued that no such case has been made out at all in the instant matter.

(3.) On the contrary, under the 1996 Regulations, Regulation 146(ii) provides for grant a licence in writing to any person to occupy such land to such extent and for such purposes as may be prescribed, but it does not provide for any revocation or cancellation of such licence. The only provision for cancellation, as provided in Regulation 147, is if the licencee fails to construct the building on the site, for which the licence was granted, within a period of two years from the date of grant of such licence or further time as the Deputy Commissioner may allow, which is not applicable to the present case.