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2012 Supreme(Cal) 609
High Court of Calcutta
Tapen Sen, J.
Andaman Plantations And Development Corporation Pvt. Limited – Appellant
Versus
Lieutenant Governor – Respondent
W.P. No. 304 of 2010
Decided on : July 13, 2012
Chandranath Mukherji, Sumanta Biswas, Tapan Kumar Das, Santosh Kumar Mandal, M.A. Rehman
The court held that the scheme for compensation was not limited to small and marginal farmers and that the company was entitled to compensation.
Headnote:
ANDAMAN PLANTATIONS V. UNION TERRITORY OF ANDAMAN - COMPANY - ANDAMAN AND NICOBAR ISLANDS LAND REVENUE AND LAND REFORMS REGULATION, 1966 - SECTION 122 - WRIT PETITION - COMPENSATION - TSUNAMI RELIEF - COURT HELD THAT THE SCHEME FOR COMPENSATION WAS NOT LIMITED TO SMALL AND MARGINAL FARMERS AND THAT THE COMPANY WAS ENTITLED TO COMPENSATION.
Fact of the Case:
The petitioner, a private limited company engaged in farming activities in the Andaman and Nicobar Islands, sought compensation for damages suffered due to the tsunami of 2004. The respondent administration had initially granted compensation but later sought to recover it on the ground that the scheme was meant only for small and marginal farmers.
Finding of the Court:
The court found that the administration had failed to establish that the scheme was meant only for small and marginal farmers and that the petitioner, though a company, was also a farmer and was entitled to compensation.
Issues: 1. Whether the scheme for compensation was limited to small and marginal farmers? 2. Whether the petitioner was entitled to compensation?
Ratio Decidendi: 1. The court held that the administration had failed to produce any document to show that the scheme was meant only for small and marginal farmers. 2. The court held that the petitioner, though a company, was also a farmer and was entitled to compensation.
Final Decision: The court quashed the order of the administration and restrained it from recovering the compensation paid to the petitioner.
TAPEN SEN, J.
1. THE petitioner is a private limited company under the Companies Act, 1956. It is known as M/s Andaman Plantations and Development Corporation Private Limited and it has its registered head office at Vaibhav (5-F) S-4, O.C. Ganguly Sarani (formerly known as Lee Road), Kolkata. It has its local office at 8/9, S.J. Lane, Sahajeevan Housing Corporate Society Limited, Haddo, P.O. Port Blair. It is engaged in farming activities at different places of Andaman and Nicobar Islands namely at North Bay, Bambooflat and Mithakhari areas under the Ferrargunj Tehsil, in the South Andaman district and has been carrying on business as such for the last few decades. It is their case that the petitioner company was granted a lease in 1956 and since then, they have been dealing with farming activities relating to crops of coconut, arecanut, black pepper, vanilla, banana and other spices. The lease was extended from time to time and it is still in force.
2. THEY have also stated that the farming activities of the petitioner- company have a great bearing on the local economy of the Andaman and Nicobar Islands because it provides employment to local people and at present, there are about 120 families who are receiving direct and regular employment from the said petitioner-company.
3. THUS, from a perusal of paragraphs 1 to 3 of the writ petition, what we notice is, that the petitioner is a company registered under the Companies Act and is actually providing employment to approximately 120 families who are receiving direct and regular employment from it. It has been stated in paragraph 3 that its activities have great bearing upon the local economy of the A and N Islands. Now, this petitioner has come to this Court with a prayer that the respondent No.5 (Assistant Commissioner, South Andaman district) be directed to grant compensation to the petitioner for suffering damages due to the devastating tsunami which ravaged the islands on 26.12.2004 and such compensation be given to them in terms of their application and prayer made on 15.1.2005 (pages 41 to 48 of the writ petition). (It appears that in the prayer portion it has been wrongly mentioned as "15.1.52005").
4. THE petitioner has also made prayer for quashing and/or setting aside and/or directing the respondent No.5 to cancel the order dated 6.1.2006 as contained in Annexure P-8 (page 75 of the writ petition) issued by the respondent No.5 whereby and where under, it was indicated that a sum of Rs.7.679 lakhs which had been paid as ex gratia to the petitioner, was being withdrawn and therefore, the sanction order granted for payment of the said sum of money, was being cancelled and the petitioner-company was directed to deposit the said sum before 17.1.2006 in favour of the Senior Accounts Officer in the office of the Deputy Commissioner at Port Blair, failing which, it was threatened, that the money shall be recovered from them as arrear of land revenue. The Tehsildar, Ferrargunj was directed to take action under the provisions of section 122 of the A and N Islands Land Revenue and Land Reforms Regulation, 1966 in the event the company failed to deposit the sum before expiry of the period indicated therein.
5. UPON a perusal of the impugned order dated 6.1.2006, as contained in Annexure P-8, it is evident that the Respondents have attempted to make out a case that subsequent to the devastation and damage wreaked by the infamous tsunami on 26.12.2004, an order was passed by the Administration being order No.631 dated 19.2.2005 whereby and where under, the Deputy Commissioners of all the districts of the A and N Islands were directed to provide assistance to 'small' and 'marginal' farmers as Calamity Relief Fund and National Calamity Contingency Fund for loss of their agricultural/horticultural and annual plantation crops and perennial crops. Subsequently, by yet another order dated 1.3.2005, the Assistant Commissioners of the respective sub-divisions were directed to provid
