AI Overview...
Community Fisheries: Summary of Main Points, Insights, and References
Key Points and Insights
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Community Involvement and Land Use: Several sources highlight the importance of community participation in fisheries schemes, such as water harvesting tanks and fisheries settlements. However, there are concerns about whether works are executed on community lands or individual lands, and whether benefits are appropriately directed to the community as a whole (Longkiri Timung VS State of Assam - Gauhati, Rabin Das VS State of Assam - Gauhati).
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Fisheries Lease and Auction Procedures: Proper procedures for granting fisheries leases are emphasized, including verifying existing leases, ensuring transparency, and awarding leases to deserving community members. Recommendations include government directions to prevent squandering of ponds and to ensure leases are granted fairly (JANAKRAJ KEWAT VS STATE OF U. P. - Allahabad, KAUSHALIYA DEVI VS STATE OF U. P. - Allahabad).
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Community Representation and Eligibility: The nomination of community members, such as members of the Machhua (fishermen) community, by authorities like the District Magistrate, is considered mandatory for granting fisheries leases. Additionally, eligibility criteria often involve community membership, with courts sometimes scrutinizing whether settlement favors the entire community or individuals (KAUSHALIYA DEVI VS STATE OF U. P. - Allahabad, Rabin Das VS State of Assam - Gauhati, Madan Dhibar VS State Of Bihar - Patna).
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Fishermen Community Settlement Rights: Courts have recognized the rights of fishermen communities to settlement of tanks and fisheries, often emphasizing preference for community members and adherence to rules like Bihar Fisheries Act, 1957, and Assam Fisheries Rules. Cases also address the need for community-based settlement over individual or non-community claims (Madan Dhibar VS State Of Bihar - Patna, Rabin Das VS State of Assam - Gauhati).
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Reservation and Social Justice: Some cases involve backward or Scheduled Tribe communities, where courts have upheld their entitlement to fisheries settlement or employment in fisheries departments, reinforcing social justice principles (K. C. Parmar VS Director of Fisheries, Government of Gujarat - Gujarat, Deoraj Vats, son of Ravindra Prasad Singh VS State of Bihar - Patna, INDHC_KLHC010564522012).
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Regulatory Frameworks and Challenges: The Indian Fisheries Act, 1897, and state-specific rules (e.g., Assam Fisheries Rules, Bihar Fisheries Act) regulate fisheries settlement and leasing, with courts often scrutinizing compliance with these rules to prevent irregularities and ensure community benefits (Baghpori Maimal Meen Samabai Samity Ltd VS State of Assam - Gauhati, Rabin Das VS State of Assam - Gauhati).
Analysis and Conclusion
Community fisheries are a vital aspect of resource management, ensuring livelihoods and social justice for fishing communities. Proper procedural adherence—such as community representation, land use transparency, and fair lease auctions—is critical to prevent misuse and ensure equitable benefits. Courts and authorities emphasize the importance of community rights, especially for marginalized groups, and advocate for transparent, rule-based allocation of fisheries resources. Overall, the focus remains on balancing regulatory compliance with social justice to promote sustainable and inclusive community fisheries development.
References: - Longkiri Timung VS State of Assam - Gauhati - JANAKRAJ KEWAT VS STATE OF U. P. - Allahabad - KAUSHALIYA DEVI VS STATE OF U. P. - Allahabad - Madan Dhibar VS State Of Bihar - Patna - K C MARSHAL TITTO vs ARUNDHATHI - Kerala - Deoraj Vats, son of Ravindra Prasad Singh VS State of Bihar - Patna - Rabin Das VS State of Assam - Gauhati - K. C. Parmar VS Director of Fisheries, Government of Gujarat - Gujarat - Baghpori Maimal Meen Samabai Samity Ltd VS State of Assam - Gauhati - Paschim Medinipur Bhumij Kalyan Samity vs The State of West Bengal - Calcutta
Search Results for "Community Fisheries"
2019 0 Supreme(Gau) 888 • India - Gauhati
ARUP KUMAR GOSWAMI, MANISH CHOUDHURY
No findings were recorded as to whether the works of community fisheries/water harvesting tanks, etc. were executed in lands belonging to any individual proposer/applicant or in lands wherefrom the benefits were to be derived by the community as a whole. ... As has been noticed above, the maximum number of works, out of the 49 works, recommended under the Scheme by the MP was purportedly for construction of community fisheries/water harvesting tanks. ... It is seen, from a perusal of the inquiry report,....
2009 0 Supreme(All) 3814 • India - Allahabad
S.U.KHAN
Auction—Fisheries lease—Before proceeding to auction, it must be ascertained as to whether there is any continuing lease or not—Allegation ... —Ponds are being squandered away and settled for fisheries lease for highly inadequate considerations—If procedure is prescribed, ... —And, suitable directions may be issued by Government—Therefore, writ petition disposed of with direction that fisheries lease granted ... According to the said direction, leases should be granted to the deserving persons of fisheries comm....
2015 0 Supreme(All) 7 • India - Allahabad
RAN VIJAI SINGH
) and the member of Machhua community nominated by the District Magistrate—No reasonable gap in between the date of advertisement ... granted by the Sub Divisional Officer after consultation of Land Management Committee and recommendation of Assistant Director (Fisheries ... In my considered opinion, in a case of fishery lease, the recommendation of the Member of the Machhua community as well as Assistant Director (Fisheries)/Chief Work Officer is mandatory. ... The approval for grant of fishery lease has to be granted b....
1995 0 Supreme(Pat) 86 • India - Patna
P.K.DEB
SETTLEMENT OF TANK - FISHERMEN COMMUNITY - PREFERENCE - ACT-SECTION REFERRED : Bihar Fisheries Act, 1957 - SUMMARY : The court ... The court also held that the respondent, a member of the Scheduled Tribe community, was entitled to the settlement as he satisfied ... The petitioner claimed that he was entitled to the settlement as he belonged to the fishermen community and was a member of a Matsya ... been preferred while the respondent No. 4 is from the Scheduled tribe community only. ... He has suppress....
2012 Supreme(Online)(KER) 19917 • India - High Court of Kerala
T.R.RAMACHANDRAN NAIR, J
Fact of the Case: JUDGMENT According to the petitioner he belongs to Fishermen Community ... According to it the 5th respondent who is attached as a guide in the local Fisheries office is behind the same. 4.
2017 0 Supreme(Pat) 62 • India - Patna
HEMANT GUPTA, SUDHIR SINGH
, forestry, horticulture, and dairy technology in overseeing the implementation of welfare schemes for the farming community. ... Co-ordinator Cadre (Recruitment and Service Conditions) Rules, 2014, Rule 8 - Graduate in Agriculture Science/Animal Husbandry/Fisheries ... the challenge to the eligibility condition, emphasizing the relevance of qualifications related to agriculture, animal husbandry, fisheries ... The farming community is not only engaged in agriculture, i.e. sowing and harvesting of crops, but also allied ....
2005 0 Supreme(Gau) 179 • India - Gauhati
R.B.MISRA
settlement was made in favor of individuals and a society not constituting 100% fisherman community, contrary to Rule 12 of the Assam ... Fisheries Rules. ... Rule 12 - Fisheries Settlement - The court set aside the order for settlement of fisheries and directed the State Government to ... , 1953 (in short called Rules hereinafter) in favour of an individual or in favour of 'Society' constituting members of 100% fisherman community of neighbouring area. ... The question of considering the prayer for qua....
1978 0 Supreme(Guj) 186 • India - Gujarat
N.H.BHATT
the Fisheries Department of the State of Gujarat. ... Fact of the Case: The petitioner, a member of the backward class community, was appointed as a Craft Instructor in ... This is a petition by the petitioner, a member of the backward class community, who was at one time appointed as a Craft Instructor in the Fisheries Department of the State of Gujarat. ... The petitioner went on merely at that post till he came to be relieved from that post by the order of the officer-in charge of the Fisheries De....
2016 0 Supreme(Gau) 217 • India - Gauhati
AJIT SINGH, SUMAN SHYAM
and did not fulfill the requirement of Section 6 of the Indian Fisheries Act, 1897. ... Fishery - Settlement of Fishery - Assam Fishery Rules, 1953, Indian Fisheries Act, 1897 - Rule 12 of Rules, 1953, Section 6 of ... Issues: The main issue was whether the rejection of the appellant's tender was justified based on the community membership ... Rule 12 provides that all registered fisheries shall be settled under tender system of sale and the Government shall settle 60% category fishery with “special category” of Co-oper....
2023 Supreme(Online)(CAL) 369 • India - Calcutta High Court
Bibek Chaudhuri, J
West Bengal Inland Fisheries Act, 1984 and Rules thereof. Such representation shall be disposed of preferably within 90 days after giving an opportunity to the petitioner No.2 of hearing and to communicate the order to the petitioner. ... It is the case of the petitioner society that the members of ‘Bhumij Community’ used two ponds lying in the said village for the purpose of their daily works such as cleaning utensils, taking bath and also by psyculture. ... In view of such submission the instant writ petition is disposed of directing the District Magis....
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