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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
IN THE MATTER OF : Amal Kumar Jana – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. lease grant and extension of fisheries (Para 1 , 2 , 3) |
| 2. contentions regarding lease cancellation (Para 4 , 5) |
| 3. court's inability to revive expired lease (Para 6 , 8) |
| 4. guidelines for fisheries settlement (Para 7) |
| 5. directive for proper settlement process (Para 9 , 10 , 11) |
JUDGMENT :
Subhendu Samanta, J.
1. Petitioner is group leader of Pindrui Fisheries Production Group. The said group was granted lease of Government Fisheries of Mouza- Gobardhanpur plot No. 2139 area 1.23 acres. The lease was for 07 years with effect from 01.01.2011 to 31st December, 2017.
2. Petitioner in terms of office Memo dated 20th July, 2010 of Assistant Director of fisheries given possession of above mentioned fisheries on lease basis. It is the contention of the petitioner that during pendency of the said lease period, vide a communication dated 05th September, 2014, Assistant Director Fisheries, Paschim Medinipur, and extended lease period of the said tank in favour of the petitioners group for further 05 years with effect from 01.01.2018 to 31.12.2022 with fixed yearly rent. Subsequently, through an order dated 09th March 2015, Assistant Director, Fisheries Paschim Medinipur, has comm
Government fisheries leases must comply with established administrative procedures; failure to do so may render leases invalid, necessitating proper steps to settle fisheries according to law.
Point of law: The expression "mutatis mutandis" itself implies applicability of any provision with necessary changes in points of detail. The rules which are adopted, make the principles embodied in ....
Point of Law : Decision of the administrative authority vested with the discretionary power under a statute must have to be within the four corners of the law.
Respondent authority has no power to make any direct settlement in terms of Rule 12 of Assam Fishery Rules.
Point of law: The review petitioner continued to catch the same amount of fish which was being done from the fishery on regular basis. At least nothing has been stated before this Court in any manner....
Point of Law : Rule 8(b) of the Assam Fisheries Rules 1953 empowers the Government to extend period of lease, when such period of lease is not less than 3 years and such lease is interfered with due ....
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