PATIT BARMAN Vs. ASSAM FISHERIES DEVELOPMENT
HIGH COURT OF GAUHATI
Assam Fisheries Development
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PRASANTA KUMAR DEKA,J. -
(1.) Heard Mr. S. K. Saharia, the learned counsel for the petitioner, Mr. I. Choudhury, the learned senior counsel assisted by Mr. S. B. Sarma, the learned Standing Counsel for the Assam Fisheries Development Corporation Limited, the respondent No.1 and Ms. M. D. Borah, the learned Government Advocate for the respondent Nos.2 and 3.
(2.) The respondent No.1 vide tender notice No.3/2014 invited tenders for operating amongst others Tamranga Fisheries in the district of Bongaigaon fixing the minimum expected yearly revenue of Rs.24,72,000.00 for a period of 7 years staring from the financial year 2014-15. Before fixing the annual yearly revenue the respondent No.1 considered the operative beel area of Tamranga Beel as 400 hectares out of its total area of 620 hectares.
(3.) The present petitioner participated in the said tender by quoting an annual revenue of Rs.77,77,777.00. Being the highest bidder, the petitioner was settled with the said Tamranga Fishery and subsequent thereto an agreement for settlement of the said fishery was executed for the financial year 2014-15 between the petitioner as the second party and the respondent No.1 as the first party. The relevant stipulations in the said agreement dated 13.08.2017 are reproduced herein below:
1) The second party will give the approval letter to run the Meen Mahal till 31.3.2015 against the revenue amount of Rs. 77,77,777.00 for the year 2014-15.
2) The second party will submit 25 percent of the first year revenue as first installment and thereafter order for allotment will be issued after the execution of this agreement and it shall be treated as possession of the Meen Mahal by the Second Party. Every year the Second Party will pay the remaining revenue amount to the First Party in installment basis as described below.
(a) 25 percent of the yearly revenue as first installment to be paid within March (from 2nd year onwards).
(b) 25 percent of the yearly revenue as second installment to be paid within October.
(c) 25 percent of the yearly revenue as third installment to be paid within November.
(d) 25 percent of the yearly revenue as fourth installment to be paid within December. In the last second, third and fourth installment shall be given within the month of September, October and November respectively to the First Party.
3) If the Second Party fails to pay the installment amount within prescribed period, the allotment shall be cancelled by casting the liability and responsibility on the part of Second Party and the First Party may take alternative option by appointing other person for the management and the security deposit of the Second Party shall be forfeited. However, the First Party shall have the right to not cancelling the allotment and allow not more than one month time to the Second Party for the payment and can impose 10% simple interest on the outstanding amount. If the outstanding revenue amount has not been paid within the extended period of one month then it will be treated as cancellation of the allotment order.
4) If the Second Party fails to pay the installment revenue amount in time, the First Party can immediately cancel the agreement and can recover the revenue amount as arrear to Land Revenue. If the First Party thinks it proper, then it shall have the right to take necessary legal action to recover the outstanding revenue amount.
23) The Second Party shall not make the First Party liable for any loss suffered due to flood, drought, fish disease, forceful catching of fish by other, poisoning, theft, encroachment of meen mahal, not getting of possession or any other natural calamity and if the Second Party suffers loss due to such incident, he shall not get any subsidy in paying meen mahal revenue.
24) The Second Party shall stay alert during the allotment period regarding the encroachment of meen mahal and if any encroachment occurs, the Second Party shall be held liable and the First Party can cancel the allotment if it thinks proper and justified.
26) The Second Party shall not claim any subsidy in the meen mahal revenue showing cause relating to difficulty faced by the First party doing development work in the meen mahal. ;
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