A trespasser remains a trespasser unless the same is regularised, only because the scheme for regularisation of trespass was framed the same by itself did not confer any right upon the trespassers to obtain regularisation unless conditions precedent therefor were fulfilled.

Satyabrata Sinha, ACJ. : In this reference which has been placed before this Court in view of the difference of opinion between two learned Judges Ruma Pal and B. Bhattacharjee, JJ. in their judgment dated 15/06/1999. However the learned Judges while differing in their opinion did not formulate the points of difference in terms of clause 36 of the Letters of Patent. Having gone through the judgment of the learned Judges and as also with the consent of the learned counsels the points of differences between the learned Judges be formulated in the following terms:-

Whether in the facts and circumstance of this case the writ petitioner appellant was entitled to the benefit of the scheme framed by the Administrator in the year 1966 or the scheme framed in the year 1987?

(Satyabrata Sinha, ACJ)

2. This reference raises an interesting question as regard the applicability of policy decision adopted by the Andaman and Nicobar Administration (hereinafter referred to for the sake of brevity as the Administration) as regard the regularisation of encroachment made by the inhabitants of these islands. The admitted facts are:-

The writ petitioner-appellant herein encroached upon 800 sq. mtrs. of Govt. land in the survey No. 2560 situated at South Point prior to 1961. A survey was conducted in 1961 wherein he was found to be in possession of 800 sq. mtrs of Govt. land. It is not in dispute that in terms of Regulation 3 of A & N Islands (Land Tenure) Regulation, 1926 all land in A & N Islands vested absolutely in His Majesty and save as provided by or under the said Regulation, no person shall be deemed to have acquired any property therein or any right to or over the same by occupation, prescription or conveyance or in any other manner whatsoever except by a conveyance executed by or under the authority of the Central Government. Regulation 4 of the 1926 Regulation also authorised the Provincial Government to make grants but no such grant was permitted to be made without the previous sanction of the Central Government.

The Andaman and Nicobar islands after coming into force of the Constitution was a Part-D State. After the enactment of Constitution 7th Amendment, it became Part-C State. In terms of Article 239 of the Constitution of India, the President who had exclusive power of the Administration, appointed Chief Commissioner as an Administrator. However, by a notification issued in the year 1982, the President of India appointed the Lieutenant Governor as an Administrator in exercise of his power conferred upon him under Articles 239 (1) and 243 of the Constitution. It is not in dispute that in terms of the said provisions the Administration vests in the said President and by reason of the power of delegation, the Lieutenant Governor merely exercise such function as may be assigned to him by the President. Article 240 of the Constitution of India empowers the President to make regulation for the peace, progress and good Government of the inter alia, the UT of A & N Islands. Pursuant to or in furtherance of the said power the President of India promulgated a regulation known as Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 being No.2 of 1966. The said Regulation was promulgated with a view to consolidate and amend the law relating to land revenue, powers of revenue officers, rights and liabilities of holders of land, land tenures and other matters relating to land in the Union Territory of the Andaman and Nicobar Islands.

3. By reason of Regulation 211 of 1966 Regulation, 1926 Regulation stood repeated subject to the conditions referred to in sub-section (2) thereof.

4. It is not in dispute that in view of the aforementioned regulation no person other than whom a grant has been made in terms of 1926 Regulation or 1966 Regulation, has acquire any right in or over the lands which vested absolutely in the Central Government. In fact, Regulation 202 of 1966 Regulation provides for penalty for unauthorised occupatio