C RESHMI v. THE ANDAMAN AND NICOBAR ADMINISTRATION AND OTHERS
WPA/398/2026 · 2026-08-31
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37364 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37364 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] ***
WPA/398/2026
C. Reshmi
Vs
The Andaman and Nicobar Administration and Others
Ms. G. Mini
… for the petitioner
Ms. Babita Das
… for the respondents August 31, 2026 [Manoj] Item No.10
1. The matter relates to registration of land pertaining to Survey Nos. 39, 80 and 224 situated at Vijay Nagar village under Campbell Bay Tehsil. 2. The petitioner purchased the stamp papers and submitted the registration fee before the competent authority on 10th April,
2026. The petitioner was intimated by a communication dated 24th June, 2026 that while processing the application, certain deficiencies have been found. The original sale deed has not been submitted along with the application. The petitioner was requested to submit the original sale deed or else the documents submitted by her shall be returned without further processing. 3. Specific case of the petitioner is that the original sale deed is usually not submitted at the very first instance. A draft of the sale deed is submitted for vetting and only after a green signal is given by the Registering Authority, the original sale deed is submitted. 4. It is the contention of the petitioner that the registration charges were deposited in April 2026, implying the intention of the petitioner to get the land registered in her favour. The
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petitioner is, however, willing to submit the original sale deed in the office for registration. 5. Vide communication dated 24th June, 2026 the petitioner was also informed that the registration process is presently under hold in view of the notification dated 23rd April, 2026 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rule 5(1) of the Andaman and Nicobar Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation, Resettlement and Development Plan) Rules, 2018 for village Campbell Bay under the Great Nicobar Infrastructure (GNI) project. 6. Registration of land documents shall be taken up only after receipt of clarification from the competent higher authorities as to whether registration of lands not covered under the GNI project may be permitted. 7.
Learned advocate appearing for the petitioner submits that the subject notification relying on which the registration process has been kept on hold was issued after the petitioner submitted the land documents and registration charges for registration of the subject lands. The said landsought not to be brought within the purview of land acquisition. 8. It has been further submitted that out of the three Survey numbers, land in one Survey No. i.e. 39 has been sought to be acquired under GNI project. It has been contended that acquisition of Survey No. 39 may be relaxed by invoking provision of Section 11(4) of the Act. 3
9. It has been argued that the petitioner will be financially prejudiced if one of the subject lands is not permitted to be registered. 10. Prayer has been made to direct the respondents to take a decision on the petitioner’s prayer seeking registration of all the three Survey numbers. 11. Learned advocate representing the respondents opposes the prayer of the petitioner. It has been submitted that the proposal seeking clarification with regard to registration of land documents covered under the GNI project is pending
consideration before the superior authority. Till a decision is intimated to the Registering Authority, the process of registration cannot be initiated.
12. It has been submitted that one of the survey numbers which the petitioner seeks registration falls within the GNI project and the same is required to be kept out of the scope of registration.
13. Upon hearing the submissions made on behalf of both the parties and on perusal of the materials produced before the Court, it appears that a final decision as regards registration of the documents of the three survey numbers is awaiting. Lands which will be acquired for the GNI project have been advertised in the local news paper on 23rd April, 2026. The petitioner already submitted the documents for registration prior to the advertisement seeking acquisition. The stamp duty was purchased and the registration fees paid prior to the date disclosing acquisition of the survey numbers.
14. Whether a decision can be taken to keep Survey No. 39 out of acquisition has to be decided by the authority. It has been intimated to the petitioner that the proposal seeking
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clarification is pending consideration before the superior authority.The respondent – Assistant Commissioner/Sub Registrar is directed to follow up the matter with the Deputy Commissioner and thereafter take a final decision as regard the petitioner’s prayer seeking registration of all the three Survey Nos. 39, 80 and 224.
15. A decision shall be taken by the respondent No. 4 in accordance with law at the earliest but positively within a period of sixty days from the date of communication of this
order.
16. A reasoned order shall be passed and communicated to the petitioner. If the prayer of the petitioner is allowed, then necessary consequential steps for registration of the document shall be completed without any further delay.
17. It is made clear that prior to taking a final decision, an opportunity of hearing shall be provided to the petitioner for production of all relevant documents in support of her claim. The petitioner would be obligedto comply with all the formalities required under law for registration of the document pertaining to the subject survey numbers.
18. As the writ petition is being disposed of without calling for any affidavits, the allegations made therein are deemed not to have been admitted by the respondents.
19. WPA/398/2026 stands disposed of. There shall be, however, no order as to costs.
20. All parties are directed to act on a server copy of this
order duly downloaded from the official website of this Court.
` (Amrita Sinha, J. )