P. G. AGARWAL, J. :- The matter has been placed before the Full Bench pursuant to the order of Reference dated 9-8-1999 passed by a Division Bench of this Court in Writ Appeal No. 260/99.

2. We have heard Mr. N. M. Lahiri, Mr. S. N. Bhuyan, Mr. A.K. Phukan, Mr. K.N. Choudhury, learned Senior Advocates, Mr. B.C. Das, Govt. Advocate, Mr. M.A. sheikh and Mr. K. Agarwal learned counsel for the parties.

3. The matter in hand relates to settlement of fisheries by the Assam Fisheries Development Corporation, for short AFDC. Regulation 16 of the Assam Land and Revenue Regulation, 1886, for short the Regulation reads as follows :

"Right in fisher. The Deputy Commissioner, with the previous sanction of the State Government, may, by proclamation published in the prescribed manner, declare any collection of water, running or still to be a fishery; and no right in any fishery so declared shall be deemed to have been acquired by the public or any person, either before or after the commencement of this Regulation, except as provided in the rules made under S. 155 :

Provided that nothing in this section shall affect any express grant of a right to fish made by or on behalf of the Government o