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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Dibrugarh Fishery Co-operative Society Limited & Ors. - Petitioners
Versus
The State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Fishery Department & Ors. - Respondents
WP(C) Nos. 3065, 3195, 3206, 3086, 3207, 3156, 3079, 3163, 3071, 3087, 3198, 3200, 3205 of 2024, 4662 of 2022, 4659 of 2022, 4651 of 2022
Decided On : 20-08-2024
Jurisdiction - Fisheries Settlement - Assam Land & Revenue Regulation, 1886; Fishery Rules, 1953; Mising Autonomous Council Act, 1995 - The Court interpreted the jurisdiction of the Mising Autonomous Council over fisheries, concluding that it lacked authority to settle fisheries due to existing laws and regulations.
Fact of the Case:
Petitioners challenged the Notice Inviting Tenders (NIT) issued by the Mising Autonomous Council (MAC) for fisheries settlement, arguing that MAC lacked jurisdiction under existing laws, including the Assam Land & Revenue Regulation and the Mising Autonomous Council Act.
Finding of the Court:
The Court found that the MAC did not have the authority to settle fisheries as the rights were vested in the Fishery Department of Assam, supported by the Assam Land & Revenue Regulation and the Fishery Rules.
Issues: Whether the Mising Autonomous Council has the jurisdiction to settle fisheries within its area under the existing legal framework.
Ratio Decidendi: The Court held that the MAC's powers are subordinate to the provisions of the Assam Land & Revenue Regulation and the Fishery Rules, which grant exclusive rights to the Fishery Department.
Result: The Court quashed the impugned NITs issued by the Mising Autonomous Council.
JUDGMENT :
Devashis Baruah, J.
Heard the learned counsels appearing on behalf of the petitioners in the batch of the writ petitions. Mr. S. Borthakur, the learned counsel appears on behalf of the Mising Autonomous Council (for short, referred to as ‘MAC’); Mr. P. Sarma, the learned counsel appears on behalf of both the Fishery Department of the Government of Assam as well as the Assam Fishery Development Corporation Ltd. (for short, ‘the AFDC’) and Mr. S. Baruah, the learned counsel appears on behalf of the State of Assam.
2. In the instant batch of writ petitions, the petitioners herein who are either having settlement from the Fishery Department of the Government of Assam or under the AFDC or are intending settlement holders of the Fisheries under the Fishery Department of the Government of Assam as well as the AFDC have approached this Court challenging the Notice Inviting Tenders issued by the MAC on the ground that the MAC does not have the jurisdiction and authority to settle fisheries in terms with the extant law.
3. Be that as it may, this Court finds it relevant to deal briefly the NIT which has been challenged in the batch of writ petitions as herein under:-
WP(C) No.3065/2024
4. In this writ petition, the petitioner has assailed the NIT dated 05.06.2024 for settlement of Meen Mahals for the financial year 2024-26 from 01.07.2024 to 30.06.2024. As per the petitioner, the settlement process so initiated by MAC is in respect to Sessa Nadi Fishery which is a declared fishery.
WP(C) No.4651/2022
5. In this writ petition, the petitioner has assailed the NIT dated 07.07.2024 for settlement of Brahmaputra Part-II fishery for the financial year 2024-26 from 01.07.2024 to 30.06.2024 on the ground that the proposed settlement process infringes upon the Brahmaputra Part-II Fishery settled with the petitioner.
WP(C) No.4659/2022
6. In this writ petition, the petitioner has assailed the NIT dated 05.06.2024 for settlement of various fisheries which overlap the Brahmaputra Part-III, IV and V fisheries for the financial year 2024-26 from 01.07.2024 to 30.06.2024.
WP(C) No.4662/2022
7. In this writ petition, the petitioner has assailed the NIT dated 07.07.2022 for settlement of Darika Part-III/Darika Part-III Moridihing Mukhpanighat 1st portion Fishery of Sivasagar District for the financial year 2024-26 from 01.07.2024 to 30.06.2024 on the ground that the proposed settlement process infringes upon the Darika Part-III settled with the petitioner.
WP(C) No.3071/2024
8. In this writ petition, the petitioner has assailed the NIT dated 05.06.2024 for settlement of Meen Mahals for the financial year 2024-26 from 01.07.2024 to 30.06.2024 on the ground that the proposed fishery to be settled infringes upon the Bolahi Sampara Meen Mahal settled with the petitioner.
WP(C) No.3079/2024
9. In this writ petition, the petitioner has assailed the NIT dated 05.06.2024 for settlement of Meen Mahals for the financial year 2024-26 from 01.07.2024 to 30.06.2024 on the ground that the fishery proposed to be settled by the MAC infringes upon Merlangnakhona Beel settled with the petitioner.
WP(C) No.3086/2024
10. In this writ petition, the petitioner has assailed the NIT dated 05.06.2024 for settlement of Meen Mahals for the financial year 2024-26 from 01.07.2024 to 30.06.2024 on the ground that the fisheries so proposed to be settled by the MAC infringes upon the declared registered fisheries, namely, Brahmaputra Part-I and Dibang Nadi Fishery which are registered fisheries settled with the petitioner.
WP(C) No.3087/2024
11. In this writ petition, the petitioner has assailed the NIT dated 05.06.2024 for settlement of Meen Mahals for the financial year 2024-26 from 01.07.2024 to 30.06.2024 on the ground that the proposed settlement process infringes upon the Brahmaputra Part-I and Dibang Nadi Fishery settled with the petitioner.
WP(C) No.3156/2024
12. In this writ petition, the petitioner has assailed the NIT dated 05.06.2024 for settlement of Meen Mahals for the financial ye
Government retains the power to make fishery settlements under Rule 12, even if previous directives from the Board of Revenue exist, until formal new settlements are finalized.
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....
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.
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....
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....
The Fishery Department has exclusive administrative control over natural water bodies, and conflicting settlements by other authorities are invalid unless clarified through proper administrative chan....
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....
Point of Law : Settlement process initiated for the settlement of Fishery for a period of 7 [seven] years is required to be brought to a logical conclusion at the earliest for the interest of all con....
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