EAST KATIGORA FISHERY Vs. ASSAM FISHERIES DEV CORPN LTD

JUDGEMENT

(1.) Question to be answered in this petition is whether the Assam Fisheries Development Corporation have the powers of extension of settlement of a Fishery and, if so, what should be the period of extension.

(2.) The above question is formulated on the factual background of this case. Respondent No.4 was settled with Shibnarayanpur Annua Fishery of Cachar District for a period of five years in June, 1996. A few months before expiry of the period of settlement, the Respondent No.2 by the impugned letter (Annexure-B) extended the term of Fishery for a period of five years expiring on 31.3.2006. This extension is undoubtedly for a long period. The petitioner Society questioned the propriety, legality and validity of the order of extension on the ground of unreasonableness.

(3.) In so far the powers of extension is concerned, the decision of this Court in M/ S 129 Haria Dublong Meen Samabai Samity Ltd. -Vs- Assam Fisheries Development Corporation Limited and others 2001(1) GLT 454 (Full Bench) being relevant is quoted below :