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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SUDHANSHU DHULIA, SOUMITRA SAIKIA, JJ.
Pub Goalpara Fishery Co-Operative Society – Appellant
Versus
The State of Assam and Others – Respondents
W.A. No. 306 of 2021
Decided On : 27-04-2022
Indian Fisheries Act, 1897 - Section 6, 8, 16 - Assam Land and Revenue Regulations, 1886 - Regulation 16, 155, 156 - Fishery Rules, 1953 - Rule 7, 8, 12 - Writ Appeal - Appeal is directed against Judgment and Order - By said Judgment and Order, settlement of 1/77 Digdhar Brahmaputra Fishery settled with respondent No. 8, was set aside and settlement was directed to be made with respondent No. 8/writ petitioner - Whether concerned fishery i.e. 1/77 Digdhar Brahmaputra Fishery falls within jurisdiction of district of Goalpara or is it divided between districts - under the powers which can be traced to Regulation 16 and Regulation 155 of the Assam Land and Revenue Regulation, 1886 read with Section 6 of the Indian Fisheries Act, 1897 that enables a Deputy Commissioner of a District to make settlements in respect of fisheries.
Finding of the Court:
It is under powers which can be traced to Regulation 16 and Regulation 155 of Assam Land and Revenue Regulation, 1886 read with Section 6 of Indian Fisheries Act, 1897 that enables a Deputy Commissioner of a District to make settlements in respect of fisheries - It is prescription of Rules that a Deputy Commissioner ordinarily proceeds to settle fishery by way of tender process - It is in this context that a tender notice is issued by Deputy Commissioner of a concerned district under which a fishery or a greater part thereof is situated - Such prescription in Rules is necessary because it is a Deputy Commissioner who has been authorized to make settlement of fisheries - However, such administrative arrangements cannot restrict rights of genuine fishing communities and/or fishermen societies who are otherwise situated within neighbourhood of any such fishery - It is, therefore, held that merely because any Deputy Commissioner of a district has been authorized to call for a tender notice and to make settlement of a fishery, it will not restrict rights of fishermen community and/or fishing societies who are otherwise situated within vicinity and neighbourhood of any such fishery although such cooperative societies/NGO/ Self Help Groups may be outside territorial jurisdiction of concerned revenue district - Such, artificial barrier or restriction to prevent members of fishing community and/or fishermen societies situated in neighbourhood of a concerned fishery, to prevent them from participation in tender process, will be completely opposed to purpose enshrined under Assam Fishery Rules, 1953 read with Regulations 16 and 155 and Section 8 of Indian Fisheries Act - It is, therefore, held that it is beyond purview of Assam Fisheries Rules to restrict definition “neighbourhood” only to territorial limits of any particular district excluding participation of fishing societies who are situated within vicinity of concerned fishery but within territorial limits of any neighbouring Revenue District.
Result: Writ Appeal dismissed.
JUDGMENT :
SOUMITRA SAIKIA, J.
1. This appeal is directed against the Judgment and Order dated 02.11.2021 passed in W.P. (C) No. 3314/2019. By the said Judgment and Order, the settlement of 1/77 Digdhar Brahmaputra Fishery settled with the respondent No. 8, namely, Malegarh Gobindapur Fishery Co-operative Society Limited (appellant herein) was set aside and the settlement was directed to be made with the respondent No. 8/writ petitioner.
2. By an NIT dated 24.05.2018 issued by the Deputy Commissioner, Goalpara, the fishery-1/77 Digdhar Brahmaputra Fishery was sought to be settled by way of a tender process from eligible bidders. The settlement of the fishery was to be leased out for 7(seven) years on 60% basis through quotations by selecting eligible Self Help Group, NGO etc. formed by the fishermen. It was also mentioned in the tender notice that the quotations can be submitted by co-operative society formed by 100% SC Community people/Self Help Group formed by fishermen belonging to SC community, NGO etc. and as per the tender notice bidders must belong to the Goalpara district and in the neighbourhood of fishery. The minimum amount of Revenue for the “Meen Mahal” i.e. the fishery was fixed at Rs. 7,57,458/- (Rupees Seven Lakh Fifty Seven Thousand Four Hundred and Fifty Eight) only.
3. Both the appellant and the respondent No. 8 submitted their bids. A total of 6(six) bids were submitted in response to the tender notice. The bid submitted by the respondent No. 8 in the writ appeal (writ petitioner) was found to be the second highest at Rs. 21,03,225/ (Rupees Twenty One Lakh Three Thousand Two Hundred and Twenty Five) only. The appellant (respondent No. 8 in the writ petitioner) submitted a bid of Rs. 11,11,111/- (Rupees Eleven Lakh Eleven Thousand Eleven Hundred and Eleven) only. The appellant was the fourth highest bidder. Vide order dated 20th December, 2018, the fishery was settled with the appellant at a bid price of 11,11,111/- (Rupees Eleven Lakh Eleven Thousand Eleven Hundred and Eleven) only for a period of 7(seven) years from the date of handing over the possession of the fishery. The writ petitioner’s bid was rejected on the following grounds:
(ii) The Bakijai Clearance Certificate was issued by the Bakijai Officer of Cooperation Department, North Salmara, Abhayapuri, which however ought to have been issued by Bakijai Authority under DC, Bongaigaon or by DCM, Goalpara as the petitioner-society is registered in the Bongaigaon district.
(iii) The Neighbourhood Certificate submitted by the society is not valid as it has not been issued by the concerned Circle Officer of the District under which the fishery falls.
4. Being aggrieved the order of settlement awarded in favour of the appellant, the same was challenged by way of this writ petition by the respondent No. 8 as the writ petitioner. The writ petition was allowed by the Learned Single Judge interfering with the settlement made in favour of the present appellant with a further direction to the respondent Authorities that the settlement of no. 1/77 Digdhar Brahmaputra Fishery be made with the petitioner society at the price offered by it. It was further ordered that the said settlement has to be for the period which was mentioned in the NIT dated 24.05.2018 which is for a period of (seven) 7 years and the entire process was directed to be completed expeditiously and in any event, within a period of 1(one) month from the date of receipt of the certified copy of the order.
5. Mr. M.K. Choudhury, learned senior counsel assisted by Mr. P. Bhardwaj, learned counsel for the appellant strenuously urged that there is no infirmity in the settlement order dated 20.12.2018 passed by official respondents. The learned senior counsel urged that a bare perusal of the tender notice would reveal that the participation in
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