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2021 DAILYLAW 564 (CAL)

V.M. KUNJAMOO v. THE ANDAMAN AND NICOBAR ADMINISTRATION AND ORS.

WPA/91/2021 · 2026-06-18

Reetobroto Kumar Mitra

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/91/2021 V. M. Kunjamoo Vs The Andaman and Nicobar Administration and others Mr. Deep Chaim Kabir, Sr. Adv. Mr. S. Ajith Prasad … for the petitioner Mr. Rakesh Kumar (through virtual mode) Ms. S. Shiva Priya ... for the respondent nos. 3, 4 & 6 Ms. Kavita Devi … for the respondent nos.1, 2 & 5 (on behalf of Mr. V. D. Sivabalan) June 18, 2026 [AKB] Item No.1 The grievance of the petitioner which led to filing of the instant writ petition emanates from an encroachment by the Andaman & Nicobar Administration through its Directorate of Education, into the petitioner’s land. The petitioner is the purchaser of the land from the heirs and successors of one late Harman Singh, a freedom fighter to whom land had been allotted. The Administration had constructed a building at plot No. 245, which is the subject land, of which the petitioner claims ownership. It was decided in a meeting held between the concerned interested parties, including representatives of the Administration that certain modalities could be worked out between the parties to resolve the pending disputes. Of the said modalities, which were suggested in the meeting held on 2 October 19, 2016, both parties agreed that the Education Department would shift the school building to their recorded land which is beyond the subject land being plot No. 245. Accordingly the school building has been shifted to plot No. 243/3/1 and is functional thereat. However, there was only one class room which was being conducted from the building in plot No. 245. As it now transpires, pursuant to the inspection report dated 16.06.2026, a copy whereof is kept on record, the said building is not only condemned, there is no class being held in such building. Thus, there is no impediment in the authorities handing over the possession of the plot No. 245 to the petitioners who are admittedly the owners of the said plot. Mr. Kumar appearing for the Administration seeks sometime to ensure smooth and efficacious hand over of the plot to the petitioner by the Administration. In view of the aforestated submission, the Administration is directed to handover the possession of plot No. 245 to the petitioner by July 31, 2026. The Administration will also take steps to construct the boundary wall between the plot No. 245 and 243/3/1 after causing an inspection and due demarcation thereof as per the existing Record of Rights. The respondent No. 5 in due consultation with the concerned authority is directed to demarcate the plot No. 245. The petitioner will be at liberty to challenge such demarcation, if it is found that such demarcation is contrary to the Record of Rights. 3 It is expected that the Administration will comply with the time lines provided hereinbefore as they have themselves suggested such time lines. With the aforestated direction, the writ petition is disposed of. There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis on compliance of all legal formalities. (Reetobroto Kumar Mitra, J.)