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Madhya Pradesh High Court · body

2007 DIGILAW 465 (MP)

Matsaya Udyog Sahkari Samiti v. State of M. P.

2007-04-19

AJIT SINGH

body2007
ORDER 1. By this petition, the petitioner has prayed for quashing of order dated 28.2.2004, Annexure P-l, passed by the Commissioner (respondent No.3) whereby he has directed that fishing lease of Bori Reservoir, District Seoni, be granted to respondent No.6. 2. Petitioner as well as respondent No.6 are registered fishermen cooperative societies. They both competed against each other by applying before the District Panchayat for grant of fishing lease of Bori Reservoir, District Seoni. The District Panchayat by a resolution dated 30.9.2002 decided to grant fishing lease in favour of respondent No.6 and rejected the petitioner's application. That resolution was sent for approval before the Commissioner who first disapproved but later approved it by order dated 13.12.2002. The petitioner challenged that order of approval in Writ Petition No. 523/2003. This Court by order dated 21.8.2003 set aside the order dated 13.12.2002 of Commissioner and remanded the matter to him for a fresh decision after taking into consideration the guidelines of the State Government in regard to grant of fishing lease. 3. The Commissioner, after hearing the parties and taking into consideration the materials placed on record, by the impugned order dated 28.2.2004 Annexure P-1 again approved the resolution of District Panchayat for granting fishing lease of Bori Reservoir to respondent No. 6. The Commissioner has held that since the distance of petitioner's society from Bori Reservoir is beyond eight kilometers, it is not entitled for fishing lease when there was already an application from the respondent No.6 whose distance is admittedly less than eight kilometers from the reservoir. 4. The learned counsel for the petitioner, relying upon the letter dated 17.2.2004, Annexure P-9, of the Executive Engineer, Water Resources, Division No.1, Seoni, submitted that the Commissioner committed an illegality in holding that the distance of Bori Reservoir is beyond eight kilometers from the petitioner's society. In reply, the respondents have defended that finding of Commissioner by placing reliance upon the measurement report dated 12.8.2004. Annexure R-2, of the same Executive Engineer wherein he has stated that the distance between the petitioner's society and Bori Reservoir is 8.69 kilometers. 5. In reply, the respondents have defended that finding of Commissioner by placing reliance upon the measurement report dated 12.8.2004. Annexure R-2, of the same Executive Engineer wherein he has stated that the distance between the petitioner's society and Bori Reservoir is 8.69 kilometers. 5. English translation of Clause 2.3 of the guidelines of State Government regarding grant of fishing lease reads as under: "In case no application is received from the fishermen society/group of that area, panchayat may grant the lease of the tank/pond to the fishermen society/group of the nearby area within the district." Note: Registered local fishermen co-operative society of that area means, the fishermen society/group registered within eight kilometers of the pond/tank. (emphasis supplied) 6. Reading of Clause 2.3 clearly means that when there is an application for fishing lease from a fishermen society, whose distance from the pond/tank is less than eight kilometers, the fishermen society, whose distance is beyond eight kilometers, is not entitled for consideration. Thus, in the fact situation of the case, if the distance of petitioner's society is more than eight kilometers from Bori Reservoir it is not entitled for fishing lease. 7. Letter dated 17.2.2004, Annexure P-9, of the Executive Engineer, Water Resources, Division No.1, Seoni, is addressed to the member District Panchayat. It is true that in the table annexed with the letter the distance of petitioner's society from reservoir is shown as seven kilometers. But when the query was made by the Additional Collector regarding the authenticity about the information of distance shown in the table, the same Executive Engineer clarified that the information was not based on actual measurement. The Executive Engineer, after taking actual measurement, submitted a detailed report dated 12.8.2004, Annexure R-2, to the Chief Executive Officer Panchayat that the distance between the petitioner's society and Bori Reservoir is 8.69 kilometers. This report was placed before the Commissioner who fully relied upon it and dismissed the petitioner's claim for fishing lease. It is also to be noted that petitioner did not even produce the letter dated 17.2.2004, Annexure P-9, before the Commissioner. Otherwise also, the information regarding distance shown in the table annexed with the letter was not based on actual measurement. The petitioner, therefore, cannot get the advantage of letter dated 17.2.2004, Annexure P-9. It is also to be noted that petitioner did not even produce the letter dated 17.2.2004, Annexure P-9, before the Commissioner. Otherwise also, the information regarding distance shown in the table annexed with the letter was not based on actual measurement. The petitioner, therefore, cannot get the advantage of letter dated 17.2.2004, Annexure P-9. For these reasons, I am not inclined to interfere with the impugned order dated 28.2.2004, Annexure P-1; The learned counsel for the petitioner did not press any other ground during arguments. 8. The petition fails and is dismissed but without any order as to costs.