Dismissed

M/S. Dibru Part-I Meen Samabay Samiti v. the State of Assam and 6 Ors.

Gauhati HC14 Dec 2021WP(C)/5548/2017

Case brief

AI extract

What is this about?

The High Court held that a writ petition filed against a government notification closing a fishery mahal and restricting fishing activities became infructuous after the petitioner filed a subsequent writ petition seeking permission to run the same fishery.

What did the court decide?

The writ petition was dismissed as infructuous on the ground that the petitioner had already filed another writ petition regarding the same fishery.

M/S. Dibru Part-I Meen Samabay Samiti Vs the… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010051862020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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WP(C)/5548/2017

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M/S. DIBRU PART-I MEEN SAMABAY SAMITI

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A REGISTERED FISHERY CO-OPERATIVE SOCIETY REP. BY ITS SECRETARY SRI ANIL DAS S/O. LT. KHETRA MOHAN DAS R/O. GUIJAN P.O. RANGAGORAH P.S. TINSUKIA DIST. TINSUKIA ASSAM.

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VERSUS

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THE STATE OF ASSAM and 6 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR GUWAHATI-06.

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2:THE DEPUTY COMMISSIONER TINSUKIA.

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3:THE DEPUTY COMMISSIONER DIBRUGARH.

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4:THE COMMITTEE CONSTITUTED TO DEFINE AND RE-DEFINE THE RIVER FISHERY MAHALS

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FALLING WITHIN THE JURIDICTION OF DIBRU SAIKHOWA NATIONAL PARK/ DIBRU SAIKHOWA BIOSPHERE RESERVE IN RESPECT OF CORE BUFFER AND ECO-SENSITIVE ZONE

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REP. BY THE NODAL OFFICER ADDITIONAL DEPUTY COMMISSIONER TINSUKIA I/C FISHERY.

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5:THE NODAL OFFICER ADDL. DY. COMMISSIONER

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TINSUIKIA I/C FISHERY

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TINSUKIA. 6:THE DIVISIONAL FOREST OFFICER TINSUKIA WILDLIFE DIVISION

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TINSUKIA.

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7:THE DIBRU-SAIKHOWA NATIONAL PARK FISHERMAN EDC

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AN ECO-DEVELOPMENT COMMITTEE WHOSE DETAILS ARE KNOWN TO THE DIVISIONAL FOREST OFFICER

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TINSUKIA WILDLIFE DIVISION

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TINSUKIA. IT IS PRAYED THAT SERVICE OF NOTICE UPON RESP. NO. 7 BE PERMITTED TO BE TAKEN THROUGH RESP. NO. 6.

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Advocate for : MR. M K RONGPI Advocate for : GA

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ASSAM appearing for THE STATE OF ASSAM and 6 ORS.

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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14.12.2021

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Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner; Mr. D. Nath, learned senior counsel for the respondent nos. 1 – 5; Mr. A. Baruah, learned counsel appearing on behalf of Mr. D. Gogoi, learned Standing Counsel, Forest Department for the respondent no. 6.

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The petitioner is a registered fishery co-operative society [‘the petitioner society’]. The petitioner has preferred this writ petition, filed under Article 226 of the Constitution of India, seeking a direction to the respondent authorities not to give effect to the decision of the Committee constituted to define and re-define River Fishery Mahals including Dibru Part-I Fishery, contained in the minutes of its meeting held on 29.07.2017 to close Dibru Part-I Fishery and the recommendation to allow the fishermen community who are residing in the fringe villages of the Dibru Saikhowa National Park, to do fishing by traditional means on the condition that have to be members of “Dibru Saikhowa National Park Fishermen EDC”, an eco-development Committee.

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It transpires that the Committee was constituted to define/re-define the River Fishery Mahals

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falling within the jurisdiction of Dibru Saikhowa National Park and Dibru Saikhowa Biosphere Reserve, in respect of Core, Buffer and Eco-sensitive Zone as per the order of the Chief Secretary, Assam. The Committee held one of its meeting on 29.07.2017 and the Committee in its said meeting held on 29.07.2017, had observed the following in respect of the Dibru Part-I Fishery Mahal :

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“[iv] Dibru Part-I Fishery Mahal

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Existing Boundary description –

North –

South –

East –

West – From Pengreegarh to Dibru Part II Meen Mahal, Chabua under Bodum Mouza.

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As per boundary description the mahal in Easter side started from the Pengreegarh under Digboi Forest Division under Margherita Sub-Division [Civil].

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But the committee after verification of the ground and map etc. it has been decided that the stream passes through the Pengreegarh, then passes through Tarani R.F. under Doom Dooma forest division. In such small stream, part of which also falls in the Reserve Forest is not viable for commercial fishing. Further this small stream also ultimately passes through the Maguri Matapung Bill [Wetland] which also falls within the ESZ of DSNP where commercial fishing cannot be allowed.

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Further at present there is no linkage with Nala started from Pengreegarh with the boundary of Dibru Nadi Part II as mentioned in the original definition of the fishery Mahal in Western side. Dibru Nadi Part II also falls within the jurisdiction buffer Zone of DSNP/DSBR and ESZ of Dibru-Saikhowa national Park.

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Hence the Committee opined that, Dibru Part-I Fishery Mahal is not viable for commercial fishing and hence Revenue Authority may be requested to close the Mahal and not to put on sale in further.”

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It also transpires the minutes from the purpose behind the constitution of the Committee. The task of the Committee was to define and re-define River Fishery Mahals falling within the jurisdiction of Dibru-Saikhowa National Park and Dibru Saikhowa Bisphere Reserve, Core, Buffer and EcoSensitive Zone.

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The said recommendation of the Committee was taken into consideration by the State Government and thereafter, the State Government had issued a notification bearing no. ECF. 83662/2018/17 dated 08.10.2018 and the same reads as under :

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GOVERNMENT OF ASSAM REVENUE & DISASTER MANAGEMENT [S] DEPARTMENT ASSAM SECRETARIAT [C] : DISPUR GUWAHATI-6

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ORDERS BY THE GOVERNOR OF ASSAM

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NOTIFICATION

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Dated Dispur, the 8^th October, 2018

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ECF No. 83662/2018/17 : The Governor of Assam is pleased to redefine the boundary of Dibru Part-I Fishery mahal as described below;

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Redefined Boundary of Dibru Nadi Part-I fishery Mahal :

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Starting from Co-Ordinate [N]27⁰ 31’8.51’ [E]95⁰ 35’27’.98’ near Samdang Tea Estate 309 Bridge then goes Towards downstream eastern side upto Co-Ordinate N 27⁰ 34’23.91” & E 95⁰ 26’27’.07” near Diamali Gaon no. 2, which is about 1 KM ahead of Maguri Motapung Wetland & Eco Sensitive Zone of Dibru Saikhowa National Park.

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The redefined boundary of Fishery Mahal come into force with immediate effect.

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Mr. Borbhuiya has submitted that subsequent to the notification dated 08.10.2018, the petitioner has preferred another writ petition, W.P.(C) no. 1637/2020 seeking a direction to the respondent authorities to allow the petitioner society to run the re-defined Dibru Part-I Fishery Mahal, re-named as Dibru Nadi Part-I Fishery Mahal, and in view of the same, the present writ petition has become infructuous.

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In view of the above submission of Mr. Borbhuiya, learned counsel for the petitioner, this writ petition stands dismissed, as infructuous.

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JUDGE

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Comparing Assistant

M/S. Dibru Part-I Meen Samabay Samiti v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

M/S. Dibru Part-I Meen Samabay Samiti v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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