The failure to comply with mandatory surrender procedures under Regulation 153 nullifies any presumption of land surrender, preserving the property rights of the original allottee.

JUDGMENT :

ANIRUDDHA ROY, J.

1. This is an intra-court mandamus appeal from the impugned judgment and order dated June 24, 2024 passed by the Hon’ble Single Bench at page 92 to the paper book.

Facts:-

2. The predecessor-in-interest of the appellants/writ petitioners were allotted a piece of land measuring about 2.02 hectares bearing Survey No. 6 situated at Yeratal-Zig, Phooltala village, under Rangat Tehsil, North and Middle Andaman District (for short, the said land). The name of the predecessor being the original alottee was Sumanta Biswas, since deceased. The land was allotted in the year 1974. The licence to occupy the said agricultural land was issued on August 1, 1974, Annexure P-1 at page 28 to the paper book.

3. The physical possession of the land was made over to the predecessor-in-interest of the appellants and since then the predecessor-in-interest of the appellants were and the appellants are in continuous and uninterrupted possession of the land. At present, the land is comprises of cultivation, commercial plantation and the dwelling house.

4. predecessor-in-interest of the appellants then surrendered an area measuring about 1200 Sq.mtrs. for construction of agricultural pond and an area measuring about 20 Sq.mtrs for construction of proposed footpath out of the said total 2.02 hectares of land. At present, the land in occupation is 1.8950 hectares (for short, subject land). Appellants are residing thereat and are in possession thereof.

5. Since the time of allotment of the said land the area was full of Jarawa Tribes. The Andaman and Nicobar Police submitted a proposal for construction of a Bush Police Outpost at the village for protection of the local villagers from the Jarawa attacks.

6. A meeting was held between the police authority and the villagers when the police authorities suggested the villagers that if a portion of land is surrendered by the villagers from their own land, a permanent police outpost could be constructed for providing protection to the villagers. Accordingly, predecessor-in-interest of the appellants alongwith and another villager agreed for surrendering a portion of their respective land for construction of Bush Police Outpost but no such outpost was constructed neither any process was initiated for surrendering the land by the villagers.

7. The predecessor-in-interest of the appellants ultimately did not surrender the land and the proposal for construction of Bush Police Outpost had never proceeded further. The predecessor-in-interest of the appellants ultimately renovated and/or constructed the dwelling house.

8. In view of the above, since no Bush Police Outpost was constructed and no further step was proceeded with for the same, the predecessor-in-interest along with other villagers submitted a representation dated June 9, 2011 before the police authority to the effect that there was no further requirement of police outpost as the situation had changed by that time and if any land was surrendered for the purpose of construction of the Bush Police Outpost the same may be returned to the allottee as the possession was never taken from the villagers, Annexure P-4 at page 35 to the paper book.

9. The predecessor-in