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HARISH TANDON, SHIVAKANT PRASAD
Andaman and Nicobar Administration – Appellant
Versus
Shyamal Chowdhury – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The instant mandamus appeal is directed against the judgment and order dated 7th December, 2017 passed by the Single Bench in WP No.163 of 2016 setting aside the order of eviction passed by the Deputy Commissioner with further direction to handover the possession of the property in question to the respondent within six weeks from the date.
2. Before we proceed to deal with the findings returned in the impugned order by the Single Bench, it would be relevant and apposite to record the facts involved in the instant appeal.
3. The dispute relates to a piece and parcel of land measuring about 18 acres, 2 canals and 12 marlas comprised in revenue plot No.166 in Calicut and plot No.4 in Beodanabad. The said land was settled in favour of one Shri K.C.Kuruvilla, since deceased, as licensee in or about the month of September, 1959 for a period of 30 years with effect from 18th September, 1959 for the purpose of cultivation of long lived crops. Such licence was granted in terms of section 4(1)(b) of the Andaman and Nicobar Islands (Land Tenure) Regulation (III) of 1926 and the said licence was subject to general provisions of the said Regulation and the Rules made
The main legal point established in the judgment is that the Deputy Commissioner lacked jurisdiction to pass orders for recovery of possession under Regulation 1966, and the recovery of possession wa....
Eviction proceedings under the Public Premises Act cannot resolve bona fide title disputes, which must be adjudicated in a civil court, ensuring respect for legal authority and due process.
The Deputy Commissioner's actions were found to be in compliance with the MLR & LR Act and Rules, and substantial compliance with the principles of natural justice. The court declined to interfere wi....
The court emphasized the necessity of compliance with statutory provisions and natural justice principles in eviction proceedings, mandating that execution petitions be filed to allow for objections ....
The main legal point established in the judgment is that the authorities under the Public Premises (Eviction of Unauthorised Occupations) Act, 1971, are not empowered to decide complicated questions ....
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
Revenue authorities possess the jurisdiction to conduct record-based inquiries to identify the nature of land (public versus private) as an administrative function for managing pathways. Such determi....
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