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SANJAY KUMAR MEDHI
Mahmud Hussain – Appellant
Versus
Assam Fisheries Development Corporation Ltd. – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India is sought to be invoked in this bunch of writ petitions which arise out of a similar action taken by the Assam Fishery Development Corporation Ltd. (for short AFDC). The action, which is impugned, pertains to cancellation of settlement orders of various Beels/Fisheries in the State of Assam with the petitioners. In gist, the grounds of challenge in the petitions are jurisdictional error, violation of the principles of natural justice and not taking into consideration the issue of investment made by the petitioners pursuant to such settlement. On the other hand, the justification of the AFDC, in brief, is that the settlements, which have been cancelled, were done in a manner not recognised by law, more specifically, the Assam Fisheries Rules (for short hereinafter referred to as the Rules) and therefore, there was no settlement in the eyes of law which was required to be rectified. The authorities have also taken a plea that by the action adopted for cancellation of the settlements, a new process would be initiated strictly in accordance with law and by follow
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 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....
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....
The term 'neighborhood' in fishery settlements is to be interpreted pragmatically, emphasizing community proximity over mere distance, and administrative authority's decisions should not be disturbed....
Respondent authority has no power to make any direct settlement in terms of Rule 12 of Assam Fishery Rules.
The paramount consideration for settlement of a fishery is public interest, and the court emphasized the importance of transparency, fair play, and compliance with previous court orders in such matte....
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