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I. P. MUKERJI
Andaman Plantations and Development Corporation Pvt. Ltd. – Appellant
Versus
Lieutenant Governor – Respondent
JUDGMENT :
I.P. Mukerji, J.
1. This writ application along with the connected application was heard by me whilst I was in circuit in Port Blair between 11th December, 2023 and 22nd December, 2023. As the hearing was concluded at the end of the circuit, I directed the papers to be sent to the Principal Seat for delivery of judgment.
2. The papers reached me very recently. Immediately, I directed rehearing of the matter. Accordingly, the applications were reheard on 20th March, 2024.
3. Now, I turn to the facts of this case which are these:
On 15th May, 1959 the petitioner company (the writ petitioner), with the permission of the Andaman and Nicobar Administration, acquired a grant from the original grantee of about 1300 acres of land in the North Bay area of the South Andaman district. This grant was for a period of 30 years from 1956.
4. This was under the Andaman and Nicobar Islands (Land Tenure) Regulations, 1926 which were replaced by the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulations, 1966.
5. The writ petitioner carried on the business of owning and exploiting a plantation there.
6. On 1st January, 1985 a fresh grant was made in favour of the writ petitio
The court emphasized that the government's policy for compensation did not differentiate between small farmers and large plantation owners, and directed the administration to assess the compensation ....
Occupants of Grama Natham land are recognized as owners entitled to compensation for land acquisition under the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997, as such land does not ....
The central legal point established in the judgment is that the petitioner was entitled to compensation for the resumed land based on the non-cancellation of the assignment patta before the resumptio....
The withholding of compensation without due recognition of land ownership violates principles of natural justice.
The petitioner is entitled to disbursement of compensation based on recognition as landowner, following established precedent.
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