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 nine lacs twenty thousand six hundred and fourteen only) with interest till the date of payment to the petitioners within such time and/or on such terms as to this Hon’ble Court may deem fit and appropriate in the facts and circumstances;

(vi) Ad-interim orders in terms of prayers above;

(vii) Pass such further order or orders and/or direction or directions be given as this Hon’ble Court may deem fit and proper.

3. Briefly, a claim for Tsunami compensation has been filed by the respondent no.1, inter-alia under a Circular dated 30 July 2012 issued by the Ministry of Home Affairs, Government of India. For convenience, the Circular is set out below:-

“F.No.U-13018/1/2010-ANL
Government of India/Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya

New Delhi, dated the 30th July, 2012

To

The Chief Secretary,
A & N Administration,
Secretariat,
Port Blair.

Sub: Payment of compensation in lieu of land submerged during Tsunami of 2004 in Andaman & Nicobar Islands.

***

Sir

I am directed to refer to A&N Administration’s letter No.37-83/2012-Rev dated 25^th April 2012 on the above subject and to convey the approval of the competent authority for payment of compensation amounting to Rs.106.73 crore (Rupees one hundred six crore and seventy three lakh only) to such affected persons whose land submerged in Tsunami of 2004 and who have given specific option to get compensation in cash in lieu of their submerged land.

2. The payment will be made @ Rs.9,39,000/- per hectare in respect of 1136.44 hectare of submerged land for which specific options from their owners have been received by the UT Administration for payment of compensation in cash in lieu of the submerged land.

3. The payment of compensation will be made by the UT Administration only after ensuring availability of funds through Supplementary Grants proposal for which is stated to have been made, as noted by EFC in Para 11 (iii) of the minutes of its meeting held on 27-06-2012.

4. Before making compensation, UT Administration will further ensure that;

(i) The beneficiaries who get compensation in lieu of submerged land, surrender the land for which compensation is paid; and

(ii) the persons who have claimed compensation have not encroached any Government/forest land in any of the Islands under the A & N Islands.

5. The expenditure will be debited to Major Head 2245 – Relief on account of Natural Calamities (Plan) 101.03 Relief Package to Tsunami affected farmers, 03.00.50 Other Charges (Plan) for the year.

6. This issues with the approval of IFD(H) vie their Dy.No.1091/12/AFA(Pers) dated 30-07-2012.

(emphasis added)

Yours faithfully 

Sd/-
(M.L.Varma)
Director (ANL)
Tele:23094376” 

4. The area of land in respect of which the petitioner is alleged to have suffered damages measures 54.85 hectares. It is contended that on 10 January 1956,