Authority: High Court at Calcutta (Circuit Bench at Port Blair)
Order Date: 25 June 2026
Case Overview
- Parties: Smti. Tokidas (petitioner) vs. The Hon'ble Lieutenant Governor & Ors. (respondents).
- Proceedings: Review application RVW 8 of 2026 filed against the judgment and order dated 23 March 2026, wherein the second appeal was allowed.
- Background: The original judgment (paragraph 21) held that the petitioner was a pre‑1978 encroacher, eligible for benefits under Clause 5 of the land‑regularisation scheme dated 17 August 1987, but her encroachment had never been regularised. Paragraph 22 affirmed the appeal and set aside the trial court’s decision.
- Contention: The petitioner argued that the judgment failed to expressly state that she was entitled to approach the appropriate authority for regularisation, hindering her ability to proceed.
- Respondent’s Position: Counsel for the respondents contended there was no error apparent on the face of the record, asserting that a favourable judgment allows the petitioner to approach the authority independently.
- Court’s Reasoning: After hearing counsel and reviewing the record, the Court noted the omission of a specific direction for regularisation and deemed it appropriate to insert such a direction to give effect to the judgment.
Final Outcome
- The Court ordered that paragraph 22 be amended to state that the appellant (petitioner) is entitled to approach the appropriate authority for regularisation in accordance with the scheme.
- A decree reflecting this amendment shall be drawn up.
- Copies of the order are to be forwarded to the trial court immediately.
- The review application RVW 8 of 2026 is disposed of.
- All parties are directed to act on the server copies of this order downloaded from the official Court website.
Topics: Land Regularization, Court Order