THE GAUHATI HIGH COURT v. THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED AND 3

Advocate for the Petitioner : MR. M K CHOUDHURY Advocate for the Respondent : SC, AFDC HON’BLE MR. JUSTICE MANASH RANJAN PATHAK BEFORE 14-02-2022 Heard Mr. M. K. Choudhury, learned Senior counsel assisted by Mr. S. Khound, learned counsel for the petitioner and Mr. A. Sarma, learned Standing counsel, Assam Fisheries Development Corporation Limited (AFDC, in short) for the respondent Nos. 1 to 4. Considering its objective and the revised Memorandum & Association Act, the respondents in the AFDC took a decision to uplift the socio-economic conditions of the Schedule Caste Poor Fishers and for the same, the AFDC introduced Societies/ Farmer Producer Organisation (FPO) of the beel localities for enhancement of fish production and to minimise the employment problems by creating employment generation in FPO. For the said purpose and in pursuance of the approval of the Chairperson of the respondent AFDC, its Managing Director by its Administrative Approval under Order No. AFDC-444/2020/150-A dated 16.02.2021 directed its Officer in charge of Lower Assam Region to manage its Hakama (Sonamukhi) Beel of Dhubri District in Direct Management System of AFDC engaging the Stake Page No.# 3/5 Holder Management and the Stake Holder Fishing Operation by observing all formalities for a period of 4 years which may be extended for another 7 years subject to satisfactory management of 4 years against the target value of Rs. 1,92,000/- per year upto 4th year and with an enhancement of 20% which is Rs. 2,30,400/- from 5th year and onwards with effect from 1st April 2021, with the observation that 25% of the yearly target value i.e., Rs. 48,000/- of the beel has to be deposited in advance as security for 4 years and 50% of the yearly target value i.e., Rs. 96,000/- has to be deposited within 7 days after receipt of the said order as 1st instalment and rest 50% of the yearly target value i.e., Rs. 96,000/- shall have to be deposited within January, 2022 as 2nd instalment, with the further observation that if both the parties fail to fulfil the target value, the Assistant Project Manager in-Charge and the Fishing Group will be held responsible for the same and that they have to bear the defaulted target value of the beel. In pursuance of the said Administrative Approval of the respondents in the AFDC dated

16.02.2021, the Officer-in-Charge of Lower Assam Region, AFDC by Order No. AFDC/LAR/13/2021/66- A dated 24.02.2021 engaged the petitioner No. 1 as the Stake Holder Management and the petitioner No. 2 as the Stake Holder Fishing Operation of said Hakama (Sonamukhi) Beel of Dhubri District by observing all formalities and the concerned Project Manager and the petitioners on 01.04.2021 have entered into an agreement for management of said Hakama (Sonamukhi) Beel of Dhubri District of AFDC in Public-Private Partnership (PPP) Mode. On depositing necessary amount, security deposits and requisite Kist Money etc. the respondents in the AFDC handed over possession of said Hakama (Sonamukhi) Beel of Dhubri District with the petitioners on 01.04.2021. However, in suppression of earlier order passed in connection with Beels/Meen Mahal under AFDC, its Managing Director by the impugned order under Memo No. AFDC-384/2010/Pt-I/2619-26 dated 15.12.2021 ordered cancellation of settlement of its all those beels which were settled in any mode with fishermen without tender, subject to any status quo order of this High Court, directing the Project Managers of those Districts where these beels are located to take their possession, further directing its Office Superintendent to put up individual file of those beels where beels were settled without inviting Tender for passing cancellation order and thereafter for issuing fresh Tender Notice (Annexure-7 to this petition). Being aggrieved with the same, the petitioners have preferred this petition stating that they have already deposited necessary amount, security deposits and requisite Kist Money etc. with the respondents in the AFDC for the said Hakama (Sonamukhi) Beel, noted above and without giving them any opportunity of hearing, the Managing Director of the respondent AFDC, by the impugned Page No.# 4/5 order dated 15.12.2021 unilaterally cancelled settlement of said beel with them. As such, they have prayed for setting aside the said impugned order dated 15.12.2021 issued by the Managing Director of the respondent AFDC and/or any consequential orders passed thereto. In the case of M/s. 129 Haria Dablong Min Mahal Samabai Samity Ltd. -Vs- Assam Fisheries Development Corporation Ltd. and Others, reported in 2001 (1) GLT 454, a Full Bench of this Court, amongst others, laid down that the AFDC shall have no power to make any direct settlement as per the proviso of Rule 12 of the Assam Fishery Rules and that the Director of the AFDC shall have the authority to make settlement following a definite guidelines so that there is transparency in the matter of settlement, where the Court in view of the catena of decisions of the Hon’ble Apex Court did not reemphasize on the point of need for transparency. It is also settled that even in the case of settlement of fishery in Public-Private Partnership (PPP) Mode, the same has to be made following a fair and transparent process. It is noticed that the respondents in the AFDC settled the said Hakama Beel of Dhubri District by orders dated 16.02.2021 and 24.02.2021 with the petitioners for a period of 11 (eleven) years (4 years + 7 years) without issuing any tender. It is also seen that though necessary amount, security deposits and requisite Kist Money etc. have already been received by the respondents in the AFDC on being deposited by the petitioners in terms of the settlement order dated 05.12.2020 for settlement of said Hakama (Sonamukhi) Beel of Dhubri District, noted above, but the respondent AFDC has passed the impugned order dated

15.12.2021 unilaterally cancelling such settlement with the petitioners, without giving them any opportunity of hearing in violation of the principles of natural justice and violating the provisions of Articles 14 and 19(1)(g) of the Constitution of India. As such, this writ petition is disposed of at the motion stage itself directing the respondents in the AFDC that before taking any steps in terms of the impugned order No. AFDC-384/2010/Pt-I/2619- 26 dated 15.12.2021, it shall give a reasonable opportunity of hearing to the petitioners and thereafter, it can take any decision in accordance with law within its jurisdiction. Needless to say that the petitioners shall file fresh representation before the Managing Director of the AFDC along with the certified copy of this order, including the prayer of refund of security deposit, Kist Money, any other deposits etc. made by them for settlement of said Hakama (Sonamukhi) Beel of Dhubri District, noted above, for the period which they could not operate the said beel, but made deposits for such period. With the above observation and direction, this petition stands disposed of. Page No.# 5/5 Comparing Assistant JUDGE