Sri Vijaya Puram | January 09, 2026
The All India Kisan Sabha (AIKS), Andaman & Nicobar State Committee, along with its State President Dr. Gouranga Majhi, has filed a writ petition before the Calcutta High Court, Circuit Bench at Port Blair, seeking directions to the Government of India and the Andaman & Nicobar Administration to grant absolute ownership rights over land to landholders in the Union Territory.
In the petition, AIKS has challenged the provisions of the Andaman & Nicobar Islands Land Revenue and Land Reform Regulation, 1966, particularly Sections 38 and 159(2). The petitioners contended that Section 38 vests all land in the Andaman & Nicobar Islands absolutely in the government and bars individuals from acquiring property rights by occupation, prescription, conveyance or any other means, except through conveyance executed by or under the authority of the government. They further pointed out that Section 159 of the Regulation empowers the government with final authority over all land matters in the Islands.
The petition stated that under the existing legal framework, land allottees are not permitted to sell their entire land holding and are required to obtain prior permission from the government for any sale, subject to rigid conditions, as the government continues to remain the absolute owner of the land.
Terming the situation as unjust, the petitioners argued that even after 78 years of Independence, citizens of the Andaman & Nicobar Islands continue to be deprived of the right to property, which is protected under Article 300A of the Constitution of India. AIKS has therefore prayed for the provisions of Sections 38 and 159(2) of the 1966 Regulation to be declared ultra vires the Constitution.
The Calcutta High Court has admitted the writ petition and directed the respondents, namely the Union of India and the Andaman & Nicobar Administration, to file their affidavit-in-opposition within four weeks.
