1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/275/2026 Smt Shashi Purnima Vs The Andaman and Nicobar Administration and others Mr. Ratin Basu … for the petitioner [on behalf of Mr.L.Chezian] Ms. Babita Das … for the Administration Mr. K.Sabir … for the pvt. respondent September 7,2026 [SR] Item No.9 1. Perused the report filed by way of an affidavit by the Tehsildar, respondent no.2. 2. It has been submitted that the order of eviction has been executed substantially. Two staircases were found to be constructed over Survey no.6 recorded as footpath. It has been observed that demolition of both staircases without providing an alternative approach would deprive the private respondent of the existing right of way and access to the residence and may further cause damage to the residential structure. For these reasons, the said two staircases were not demolished during the execution. 3. That apart, eviction order in respect of Survey No.6 has been carried out peacefully in the presence of revenue and police staff. 4. Copy of the Naksha Nazaria annexed at page 10 of the report has been placed in support of the submission that the entire footpath has been made clear of all the encroachment apart from the two staircases. 5. As footpath is primarily and essentially meant for use of pedestrians, a private individual does not have any right to 2 construct staircase from or over the footpath meant for public use. 6. For the time being the authority has not demolished the staircases but the said staircases are liable to be removed by the owner or user of the same so that the footpath can be made absolutely free for use of the general public. 7. There is absolutely no reason to permit private staircases to be constructed over the footpath as the same will obstruct the free movement of the people. The same will stand as an example for others to construct staircase over the footpath in an illegal manner. No form of encroachment from the footpath shall be permitted. 8. The person who constructed staircase on the footpath has taken the risk to encroach the same which is contrary to the provision of law. Any person making illegal construction at such risk shall have to face consequence for the same. No sympathy ought to be shown to any dishonest builder who use the public property for raising construction for private use. 9. The competent authority is directed to take steps for making the footpath absolutely encroachment free after providing limited time bound opportunity to the private respondent to make alternate arrangement to get access to his residence. 10. The writ petition stands disposed of. 11. Be it recorded that the copy of the report has been handed over to the learned advocate representing the petitioner in court today. 12. 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. )