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2004 Supreme(Bom) 355

D.K.DESHMUKH, D.G.KARNIK
Abdul Hamid Abdul Aziz Hodekar & others – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - KARNIK D.G., J.:-By this petition, the petitioners challenge the notifications dated 10th December, 1987 and dated 13th October, 1999 issued by the Government of Maharashtra under sub-section (1) of section 4 of the Maharashtra Marine Fishing Regulation Act, 1981 (for short the Act) prohibiting use of special type of fishing nets known as purse seine gear by mechanised fishing vessels within the territorial waters of the districts of Greater Mumbai, Thane, Raigad, Ratnagiri and Sindhudurg and further prohibiting mechanised fishing vessels operating purse seine gear beyond the territorial waters of the aforesaid districts to land the fish caught by such vessels in any port other than Mirkarwada Port in Ratnagiri district inter alia on the ground that the said notifications are violative of the petitioners right under Articles 14, 19 and 21 of the Constitution of India and on the ground that proper Advisory Committee was not constituted and proper consultations with the properly constituted committee were not held as required by the Act before issuance of the notifications.

2. The petitioners are fishermen residing in the coastal areas in Ratnagiri district of Maharashtra.











































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