ALIAN FISHERMEN CO OPERATIVE SOCIETY LTD Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-8-84
HIGH COURT OF CALCUTTA
Decided on August 22,2013

Alian Fishermen Co Operative Society Ltd Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The petitioners challenge an order of August 2, 2013 passed by the Managing Director of the State Fisheries Development Corporation Ltd (SFDCL). The order finds that in view of the conduct of the petitioners, the SFDCL is at liberty to terminate the licence for the violation of the terms and conditions thereof. The petitioners submit that the petitioner society is set up by small and poor fishermen who had made several representations that they would not be able to pay the security deposit as demanded. The petitioners say that they also discovered that the area of the water-body in Patashpur, Purba Medinipur was much less than what had been advertised.
(2.) The petitioners apprehend that by reason of the impugned order, the SFDCL would issue a letter terminating the petitioners' licence. The petitioners suggest that the livelihood of many poor fishermen are at stake and the families of such fishermen would be seriously prejudiced if the termination is allowed.
(3.) The impugned order of August 2, 2013 was preceded by a show-cause notice. The show-cause notice of April 1, 2013 indicated four serious violations of the conditions of the licence by the petitioner society. The violations included the failure to deposit the security money of about Rs. 1.55 lakh within six months of the execution of the agreement; the failure on the part of the petitioner society to share the revenue with the SFDCL; the failure of the license to maintain the water-body and the area around it; and, the failure on the part of the license to develop an eco-tourism facility in the project area.;


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