Court recognizes Andaman Plantations as eligible for compensation under Tsunami Relief Package, directs reassessment and compensation within twelve weeks.
In a significant ruling, the Calcutta High Court, Circuit Bench at Port Blair, has directed the Andaman Administration to reassess and compensate Andaman Plantations and Development Corporation Private Limited under the Tsunami Relief Package. This decision comes after the Assistant Commissioner, Relief and Disaster Management, South Andaman District, previously rejected the company's claim for compensation for damages suffered during the catastrophic 2004 Tsunami.
The case, presided over by Justice Apurba Sinha Ray, centers on the claim by Andaman Plantations, which has been engaged in extensive farming activities on its leased lands in South Andaman District. The company, which provides employment to over 500 workers, argued that it qualifies as a farmer under the relief scheme, despite being a corporate entity.
The Assistant Commissioner had initially turned down the compensation claim on the basis that the relief package was designed for small and marginal farmers, thereby excluding corporate bodies. However, the High Court observed that the company’s engagement in farming activities and employment provision qualifies it for relief under the scheme dated July 30, 2012.
The court noted that the administration had previously acknowledged the company's possession of the land at the time of the calamity and recognized their recorded tenancy. Justice Sinha Ray emphasized that the administration's earlier actions, including granting and later withdrawing an ex-gratia payment, did not align with the established legal precedents and directives from higher courts.
The court has now directed the administration to reassess the company’s compensation claim and to compensate them within twelve weeks, contingent upon the company’s compliance with specific conditions, including the surrender of possession of the land to the administration.
This judgment is seen as a reaffirmation of the legal principle that entities engaged in farming, regardless of corporate status, should not be discriminated against in relief schemes designed for agricultural losses.
Bottom Line:
Compensation under Tsunami Relief Package - Possession of land and eligibility for compensation determined - Administration directed to reassess and compensate petitioner in accordance with policy, subject to compliance of conditions.
Statutory provision(s): Tsunami Relief Package, Policy dated 30.07.2012, Article 14 of the Constitution of India, Relevant guidelines issued by the Government of India, Ministry of Home Affairs, National Disaster Management Division.
