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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR
RAVI KRISHAN KAPUR, PRASENJIT BISWAS
Hon’ble Lieutenant Governor – Appellant
Versus
Andaman Plantations and Development Corporation of Pvt. Ltd – Respondent
JUDGMENT :
RAVI KRISHAN KAPUR, J.
1. Both these appeals raise common questions of law and fact and arise out of an order dated 28 March 2024.
2. The respondent no.1 company had filed this petition seeking compensation in respect of alleged losses and damages suffered during Tsunami. The prayers in this writ petition are as follows:-
(i) A writ of and/or in the nature of Mandamus do issue commanding the respondents and each of them to dispose of application filed on 7th March 2018 by disbursing compensation alongwith interest in terms of order dated June 9, 2017 passed in WP No.328 of 20145;
(ii) A writ of and/or in the nature of Mandamus do issue commanding the respondent no.4 to consider the application filed on 7th March, 2018 in terms of the aforesaid order dated June 9, 2017 in WP No.328 of 2015;
(iii) A writ of and/or in the nature of Certiorari do issue calling upon the respondents to certify and transmit this Hon’ble Court to records of the case so that conscionable justice be rendered;
(iv) Rule NISI in terms prayers (a) and (b);
(v) Appropriate order and/or directions be passed directing respondents to disburse the balance compensation of Rs.11,09,20,614/- (Rupees eleven crores ni
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 ....
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
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