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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Natun Melang Min Silpa Sambai Samity – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Vijay Bishnoi, C.J.
Heard Ms. T. Som, learned counsel for the appellant in Writ Appeal No.352/2024, namely, Natun Melang Min Silpa Samabai Samity Limited (hereinafter referred to as “Natun Melang Samabai Samity”); Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. S. Khound, learned counsel for the appellant in Writ Appeal No.113/2024, namely, Nayanjyoti Self Help Group (hereinafter referred as “Nayanjyoti SH Group”) and Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. R.M. Deka, learned counsel for the appellant in Writ Appeal No.120/2024, namely, Kumar Kaibarta Gaon Meen Silpa Samabai Samity Limited (hereinafter referred as “Kumar Samabai Samity”). Also heard Mr. P. Sarma, learned Standing Counsel, Fishery Department; Ms. R.B. Bora, learned Junior Government Advocate, Assam; Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. S. Khound, learned counsel for the respondent No.4 in Writ Appeal No.352/2024 and for respondent No.5 in Writ Appeal No.120/2024; Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. R.M. Deka, learned counsel for the respondent No.5 in Writ Appeal No.352/2024 and Writ Appeal No.113/2024 and Ms. T.
The term 'fishermen' in the Assam Fishery Rules includes both genders, affirming the eligibility of self-help groups with female members for fishery settlements.
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....
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 court clarified that the term 'neighborhood' in fishery settlements should be interpreted flexibly, focusing on proximity and socio-economic context rather than strict distance.
Petitioner society is not a new society but a society registered in the year 1959 and there are materials on record to establish that not only the petitioner was considered for settlement of the Fish....
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....
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....
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....
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