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DEVASHIS BARUAH
Trimurti Multipurpose Farming Co-Operative Society Ltd. – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. The instant writ petition has been filed by the Petitioner which is a Society registered under the Assam Co-operative Societies Act, 2007 challenging the order dated 26.04.2022 passed by the Managing Director, AFDC whereby the settlement pursuant to Ghorajan Fishery was cancelled.
2. It is the case of the Petitioner herein that the Petitioner which is the Cooperative Society registered under the Assam Co-operative Societies Act, 2007 is involved in the business of farming, fishing and other agricultural related activities. All the members of the Petitioner society are surrendered militants who have given up arms and have joined the mainstream and earning their bread and butter by way of the said Co-operative Society. It is the further case of the Petitioners that initially a portion of the Ghorajan Fishery including the Office established by the AFDC, quarters etc. were encroached by the Red Cross Society and as the Respondent AFDC has invested a huge sum of money for the development of the fishery, a decision was taken to turn the fishery into a tourist attraction, model fishery etc. by removing the encroachment as the said portion centrally falls under Guwahati. In th
The authority of the Managing Director of AFDC to make settlements without calling for a tender and the absence of a rehabilitation package for settlement of fisheries directly to lessees were the ce....
A procedure prescribed by law to do a certain thing in a certain manner must be followed strictly and there cannot be any deviation from such procedure.
The judgment emphasized the requirement of transparency and fairness in settlement procedures, the need for adherence to the tender process, and the applicability of the doctrine of promissory estopp....
The settlement of fisheries under the PPP mode must adhere to the principles of fairness and transparency, and must be preceded by a tender process in accordance with the rules.
The main legal point established in the judgment is that the Assam Fisheries Development Corporation has no power of direct settlement of fisheries and settlements made without calling for tenders ar....
Co-operative Society’ -It is for the Settling Authority in the Fishery Department, Government of Assam to examine the enforceability of the Notification in the context of its publication or non-publi....
Tender disqualification must adhere strictly to statutory rules, excluding arbitrary criteria. A co-operative society's corporate identity shields it from the personal liabilities of its members. Add....
Rule 12 of Assam Fishery Rules, 1953 has prescribed that a 60% category fishery is to be settled with special category of Cooperative Societies, Non-Government Organisations and Self Help Groups cons....
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 Com....
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