Sri Vijaya Puram, Jan 9: The All India Kisan Sabha, Andaman & Nicobar State Committee and its President Dr Gouranga Majhi have filed a Writ Petition in the Calcutta High Court, sitting Circuit at Port Blair recently praying for a direction to the Government of India and Andaman & Nicobar Administration to accord absolute ownership of the land to the landholders. The Petitioner All India Kisan Sabha and its President Dr Gouranga Majhi have stated in the Writ Petition that section 38 of the A & N Islands Land Revenue and Land Reform Regulation, 1966 provided that all land in the UT of Andaman & Nicobar Islands is vested absolutely in the government and no person shall deemed to have acquired any property therein or any right to or over the same by occupation, prescription or conveyance or in any other manner whatsoever except by a conveyance executed by or under the authority of the government.
The Petitioners stated that as per section 159 of the said Regulation, the government will have the last say so far as the land in question in Andaman & Nicobar Islands is concerned. All India Kisan Sabha further stated that under no circumstances, the incumbent who was allotted land by the government shall be able to sell the entire land. As per the Regulation of 1966, the government is the absolute owner of the property and if anybody wants to sell the land, a sale permission has to be taken from the government, for which the modalities are rigid. The petitioners have stated that even after 78 years of independence, the citizens in these islands are deprived of right to property, which is a constitutional right guaranteed under Article 300 (A) of the Constitution of India. The Petitioner AIKS prayed to declare the provisions of Sections 38 and 159 (2) of the A&N Islands Land Revenue and Land Reform Regulation, 1966 as ulta vires.
The High Court has admitted the Writ Petition and directed the Respondents Union of India and A & N Administration to file Affidavit-in-Opposition within four weeks.