M/S Saikhowa Sadiya Meen Samabai Samiti Limited v. The State of Assam and 4 Ors

ORDER

23.09.2024 Heard Mr. M. Dutta, learned counsel for the petitioner, who submits that the Mising Autonomous Council ('MAC' in short) had issued an NIT on 05.06.2024, for settlement of the fishery listed at Sl. No.36 amongst others, viz., the Kedi Nala to Sunari Ghat Meen Mahal with the respondent No.5 for a period of 2 years w.e.f. 01.07.2024 to 30.06.2026. He submits that the said fishery, which is at Sl. No.36 of the NIT dated 05.06.2024, overlaps the Brahmaputra Part IV Fishery.

¶2The petitioner's counsel submits that the NIT dated 05.06.2024 was put to challenge in WP(C) 3156/2024 and that this Court had stayed the NIT, inasmuch as, Sl. No.36 of the NIT overlapped the Brahmaputra Part IV Fishery. He submits that despite the stay order passed by this Court on 21.06.2024 in WP(C) No.3156/2024, involving the fishery at Sl. No.36, the MAC has settled the fishery at Sl. No.36 of the NIT dated 05.06.2024, which overlaps the Brahmaputra Part IV Fishery, with the respondent No.5, vide letter dated 29.06.2024 issued by the Principal Secretary, MAC.

¶3The petitioner's counsel submits that in view of the judgment of this Court Page No.# 3/4 in WP(C) 3065/2024, the settlement of the Kedi Nala to Sunari Ghat Meen Mahal with the respondent No.5 vide letter dated 29.06.2024 issued by the Principal Secretary, MAC is not sustainable and has to be set aside.

¶4Mr. D. Gogoi, learned counsel appearing for the MAC and Ms. U. Das, learned counsel for the respondent Nos. 2 & 3 submit that the present case is a covered case, inasmuch as, neither the General Council or the Village Council of the MAC has the authority to settle any fishery or natural water bodies exemplified in the notification dated 07.03.2017 issued in the name of the Governor by the Principal Secretary to the Government of Assam, Fishery Department, which has clearly been held by this Court in the judgment and order dated 20.08.2024 passed in WP(C) 3065/2024.

¶5The judgment and order dated 20.08.2024 passed in WP(C) 3065/2024 has held that the MAC does not have the authority to settle any fishery or natural water bodies which are within the State of Assam and also within the MAC area. As such, the MAC do not have the authority to make settlement of any fishery with any person. The said power lies only with the Fishery Department, Government of Assam and the Assam Fishery Development Corporation.

¶6In view of the finding of this Court that the MAC does not have the authority to settle any fishery or water bodies with any person within the State of Assam and which may also cover the fisheries/water bodies within the MAC area, the impugned settlement of the Kedi Nala to Sunari Ghat Meen Mahal with the respondent No.5, in terms of the letter dated 29.06.2024 issued by the Principal Secretary, MAC is unsustainable. The same is accordingly set aside. Page No.# 4/4

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010191312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4844/2024o M/SoSAIKHOWAoSADIYAoMEENoSAMABAIoSAMITIoLIMITEDo AoREGISTEREDoFISHERYoCO-OPERATIVEoSOCIETY,oHAVINGoITSo REGISTEREDoOFFICEoAToHATIGHULI,oDHOLA,oINoTHEoDISTRICToOFo TINSUKIA,oASSAM,oREPRESENTEDoBYoITSoSECRETARY,SRIoMAINAo BISWAS,oAGEDoABOUTo63oYEARS. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oFISHERIESo DEPARTMENT,oGOVERNMENToOFoASSAM,oDISPUR,oGUWAHATI-o781006 2:THEoDEPUTYoCOMMISSIONER oDIBRUGARHoASSAM 3:THEoDEPUTYoCOMMISSIONER oDHEMAJIoASSAM 4:THEoMISSINGoAUTONOMOUSoCOUNCIL oREP.oBYoITSoPRINCIPALoSECRETARYo oGOGAMUKH oDHEMAJIo oASSAM 5:DHARMANANDAoPEGU oC/O-oPARAMAoPEGU o VILLAGEoMUKTIARo o P.S-oSILAPATHAR o DIST-DHEMAJIo Page No.# 2/4 ASSAM PIN-87805 Advocate for the Petitioner : MR. N BARDOLOI, MR.L DEKA,D D SARMA,MR. M DUTTA Advocate for the Respondent : GA, ASSAM, SC, M A C BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA