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RABINDRANATH SAMANTA
Smartspace Infrastructure Private Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Rabindranath Samanta, J.
1. The writ petitions being interrelated to each other were heard together and since a common judgment will govern all the writ petitions I proceed to pen the judgment accordingly.
2. The petitioners by preferring the writ petitions challenge the legality and constitutional validity of the amended sub-rules (2) and (3) of Rule 4(A) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Rules, 1968 (in short A & N. Land Revenue and Land Reforms Rules, 1968) published vide notification dated 17.01.2018 by the Andaman and Nicobar Islands administration and pray for directions upon the respondents authorities to dispose of the applications made by them for diversion of some tracts of land of them to commercial use to set up an eco-friendly tourism resort over the land.
3. The petitioners of W.P.A. 43 of 2019, in order to set up an eco-friendly tourism resort, made two applications – one dated 27.05.2010 and the another dated 22.02.2012 to the Sub-Divisional Officer, South Andaman District for conversion of some tracts of its agricultural la
Strict adherence to prescribed procedures in administrative decisions regarding land use is essential; deviations can invalidate administrative actions.
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
The Deputy Commissioner's order on land regularization is binding and cannot be revisited by administrative authorities once finalized.
Judicial review applications were dismissed as the State Authority's decisions were lawful, reasonable, and followed due process under the National Land Code, with no valid planning permission suppor....
Existing rights of landless poor persons cannot be revoked without clear legislative intent for retrospective application, and principles of natural justice must be adhered to in administrative actio....
Judicial review is not the appropriate remedy for challenges under the National Land Code, which mandates appeals for such decisions, and the State Authority acted within its discretion in rejecting ....
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