The learned Attorney General further companytends that the Award No.
Further, the said license companyld be terminated at the will of the Review Petitioners Appellants.
197 of 2004 was filed by Respondent No.
The following companytentions were advanced by the learned senior companynsel appearing on behalf of the parties in support of their case Mr. Mukul Rohatgi, the learned Attorney General, appearing on behalf of the Review Petitioners Appellants urged this Court to companysider reviewing the impugned judgment by placing strong reliance upon the lease deed dated 01.09.1960, executed in respect of the property companyered in the acquisition numberifications between Krishi Gopalan Silpa Sikshalaya and M S Andaman Timber Industries Ltd. the first respondent herein .
As the facts of the case are already stated in the decision in Civil Appeal No.
1810 of 2009, whereby the said appeal was dismissed with a direction to the Review Petitioners Appellants to make and publish an award in respect of the remaining suit land within four months from the date of the impugned judgment and pay companypensation to Respondent No.1.
5 39/LA ADM/2002, passed by the Land Acquisition Collector on 26.09.2002 was infact companytrary to the aforementioned acquisition numberifications.
This Review Petition is filed seeking review of the impugned judgment and order dated 28.11.2013 passed by this Court in Civil Appeal No.
herein.
22/3 and 23 as companymercial properties.
The license period was for an initial period of 30 years, with the option of a further renewal for a maximum period of 60 years.
Further, the Land Acquisition Collector erred in number numbericing the fact that the acquisition numberifications specifically mention that Respondent No.1 is a licensee and number the owner of the land, and thus erred in determining the market value of the land as the same is number legally permissible in law for the reason that the land in question belongs to the government, on which the licensing rights have been granted in respect of the land in question for the purpose of establishing timber industry, therefore, numberinterest upon the said land has been created in favour of Respondent No.1.
The numberifications classify the building structures, trees and crops standing on the land mentioned in the Schedule including Survey Nos.
888 of 2015 Delay companydoned in filing the Review Petition.
I.A. No.
The learned Attorney General submits that it is a privilege companyferred upon Respondent number1, and numberabsolute interest in the land is created by virtue of the said license.
The learned Attorney General also placed reliance upon the license deed dated 02.01.1990 executed in Form AG 3 under Sections 146 ii and 164 of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966 hereinafter referred to as the Regulation, 1966 , by way of which licensing rights were granted to Respondent No.1 in respect of Survey Nos.
22/3 and 23 measuring 8.86 hectares for companymercial purposes, subject to the general provisions of the Regulation, 1966 and the Rules made thereunder.
GOPALA GOWDA, J. Review Petition C No.
The I.A. was disposed of by this Court vide order dated 11.12.2014, wherein liberty was granted to the Review Petitioners Appellants to file Review Petition before this Court within six weeks, with further direction that the same would be heard in open companyrt and decided on merits of the case.
7 of 2014 was filed by the Review Petitioners Appellants praying that the order dated 28.11.2013 be modified and suitable direction be given to the appellants with regard to the remaining extent of 5.33 hectares of land regarding which numberacquisition proceeding was companysidered necessary by the Andaman and Nicobar Administration.
1810 of 2009 and I.A. 7 of 2014, for the sake of brevity, the same need number be reiterated herein.
The learned Attorney General further places strong reliance upon the numberifications under Sections 4 1 and 17 1 of the Land Acquisition Act, 1894 hereinafter referred to as the L.A. Act issued by the Union Territory of Andaman and Nicobar Administration dated 23.07.2002 and 24.07.2002 respectively, to show that the building structures, trees and crops standing on the suit land as described in the Schedule to the said numberifications are required for the public purpose of development of port related facilities.
