JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. The present application pertains to issuance of Writ of Mandamus for setting aside the order of Sub Divisional Officer (SDO), South Andaman dated 17.08.2023 by which SDO has rejected Writ Petitioner’s prayer for diversion of land and also for issuance of Writ in the nature of mandamus commending the respondent No.2 to issue final order for diverting the land as sought for by the Writ Petitioner.

2. The petitioner’s case in brief is that, the petitioner is the recorded tenant of land bearing survey No. 818/5 measuring an area of 228 sq. meter situated at Calicut village. In order to divert the said land petitioner has preferred an application before SDO, South Andaman on 11.06.2019 and after receipt of the said application, SDO conducted enquiries and issued final notice on 29.07.2019 asking the Writ Petitioner to appear before him for hearing. After such hearing, the authority concerned approved the petitioner’s prayer for diverting the land in question into house site on 04.09.2019 and further directed the petitioner to deposit the requisite premium. It is further submitted that as per direction of the authority, the premium was also paid by the petitioner on 11.11.2019 but in spite of that, the respondent concerned had not passed formal order for diversion in respect of the petitioner’s land in spite of several representations made by Writ Petitioner.

3. Petitioner finding no other alternative, preferred a Writ Petition before this Court being WPA No. 896 of 2022 seeking direction upon the respondent authority to issue order for diverting the aforesaid land for which the premium has already been deposited by the petitioner.

4. This Court by its Judgment dated 15.12.2022 directed the respondent authority to take a suitable decision and to pass a final order about diversion after carefully scrutinizing entire records within a period of two months from the date of communication of the order. The respondent authority namely SDO, South Andaman disposed of the petitioner’s representation by the impugned order wherein respondent authority has rejected the Writ Petitioner’s representation on the ground that the Administration is in the process of examining the re-drafting of a policy related to comprehensive master plan for the Island and as such disposing of the said prayer in terms of the existing master plan will be devoid of any purpose.

Relevant portion of the order impugned runs as follows:-

“It is a matter of fact that out of total geographical area of the island only 6 percent is the revenue land and rest is categorized as Forest. And out of this 6 percent revenue land only miniscule percentage is suitable for agriculture due to the unique topography of the island which comprises of hills, creeks, backwaters, and undulated areas.

Further, in the absence of planned development, the land suitable for agricultural is already shrinking at a faster pace. Hence, there is a need to conserve agricultural land in general. To address the problem of unplanned development, the Andaman and Nicobar Administration is in the process of examining the redrafting of a policy related to comprehensive Master Plan for the island as the existing Master Plan is not in consonance with the current needs of development as well as the need for protection of the environment and sensitive ecology of the island. Hence, disposing the instant case in terms of existing Master Plan will be devoid of any purpose.”

5. Being aggrieved by that order, Ms. G. Mini, learned Counsel appearing for the petitioner submits that the respondent authority once approved the request of the petitioner in the year 2019 for diversion of the aforesaid land and once he had permitted the petitioner for the aforesaid diversion and when in terms of aforesaid approval order, the petitioner had deposited the premium in terms of section 40 (6) of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulation, 1966. They cannot again revisit the orde