Gokuldas Phadte v. State Of Goa, Through Chief Secretary
2018-07-30
N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
body2018
DigiLaw.ai
JUDGMENT N. M. Jamdar, J. - Rule. Rule made returnable forthwith. Taken up for disposal. Learned Counsel for the respondents waives service. 2. The petitioner is a fisherman by profession. He has approached this Court in respect of fishing stakes in Carambolim area. 3. Fishing stakes are traps for catching the fish. Fishing Stakes are generally erected in open water. The grant of fishing stakes is governed by the Goa Fisheries Rules, 1981. These Rules are framed under the Indian Fishing Act, 1897. Directorate of fisheries -Respondent no.2, grants licences for fishing stakes in the State of Goa. The format of permissions requires the precise location of the fishing stakes be mentioned. This petition is a classic example of a needless litigation that ensues if the location is not precisely specified in the permission. 4. The petitioner applied to the Department of Directorate of Fisheries on 6 February 2014 for a fishing stake. The Captain of Ports granted ''No Objection Certificate'' on 16 June 2014. A fishing stake was allotted to the Petitioner. The location was opposite Survey No.171/12 at Carambolim creek. According to the petitioner, the respondent no.4 was illegally occupying the location of fishing stake allotted to the petitioner. The respondent no.4 had earlier filed a Writ Petition which was disposed off directing a local inspection. However, the issue was not resolved. The petitioner has filed this petition making grievance that he is unable to carry out fishing activity from the location allotted to him. 5. Heard Mr. A.D. Bhobe, the learned Counsel for the petitioner, Mr. Sagar Dhargalkar, the learned Additional Government Advocate for respondents no.1, 2 & 3 and Mr. J. Godinho, the learned Counsel for respondent no.4. 6. We have heard this petition from time to time. We had to pass various orders since parties could not specify where exactly their fishing stakes were. The permission only referred to a survey number on the land. The sketch and the maps of the Fisheries Department did not shed any light on the controversy. Ultimately, we directed the Fisheries Department to prepare a map with the aid of Google Earth software superimposed with survey numbers. We also directed that not only the fishing stakes of the petitioner and respondent no.4, be shown but also of the other fishermen in the area. Such a map was placed on record by the Directorate of Fisheries on 17 July 2018.
We also directed that not only the fishing stakes of the petitioner and respondent no.4, be shown but also of the other fishermen in the area. Such a map was placed on record by the Directorate of Fisheries on 17 July 2018. All the Counsel agree that this map brings in a considerable clarity and the dispute can now be resolved with certainty. 7. In the affidavit dated 17 July 2018 the Directorate of Fisheries has stated that respondent no.4 has deviated from the position of fishing stakes allotted to him and he is illegally fishing in the area not allotted to him. About the petitioner, it is contended that the petitioner has chosen to be away from water in the area full of mangroves. Petitioner disputes this. He states that he has never specified such location which is completely unviable for fishing. He contends that the sketch annexed to the permission is not signed by him. The respondent no.4 submitted that he was forced to move from his location. He submitted that later he came to know that he was given an area too close to the existing fishing stakes of other fishermen. The learned Counsel for the petitioner and respondent no.4 submitted that the review of their locations will now have to be done in light of the map that is placed on record. 8. Thus the dispute can be resolved by directing the Directorate of Fisheries to reconsider the location of the petitioner and respondent no.4. If the Director finds that for this purpose the location of other fishermen in the area also have to be considered, the Act and the Rules confer enough powers in the Director. 9. A simple dispute over the location of the fishing stakes has taken a substantial amount of judicial time. Primarily so because of lack of specific location details. The law mandates precise location to be specified. The Goa Fisheries Rules, framed under Indian Fisheries Act, 1897 deal with the fishing stakes in Part III thereof. Rule 6 lays down the procedure for obtaining permissions for erecting fishing stake and it reads thus: "6.
Primarily so because of lack of specific location details. The law mandates precise location to be specified. The Goa Fisheries Rules, framed under Indian Fisheries Act, 1897 deal with the fishing stakes in Part III thereof. Rule 6 lays down the procedure for obtaining permissions for erecting fishing stake and it reads thus: "6. Procedure for obtaining permission for erecting fishing stakes- (1) A person intending to obtain permission for erecting fishing stakes in any inland water shall make an application to the Director in Form "A" and shall deposit with him an amount of Rupees seven hundred to meet the expenses of advertisement of the notices to be issued under sub-rule (3). (2) On receipt of such an application and the deposit, the Director shall satisfy himself, after consulting the Captain of Ports, that the location of the fishing stakes proposed to be erected by the applicant conforms to the conditions specified in rule 5. (3) Thereafter, the Director shall publish a notice in Form "B" in at least three local newspapers inviting objections, if any, from the members of the public, to the proposed grant of permission for the erection of fishing stakes, within fifteen days from the date of the publication of the notice in the newspapers. (4) After considering the objections, if any, received within the aforesaid period and after holding such further enquiry as he deems necessary, the Director shall decide whether the permission for erecting fishing stakes should be granted or rejected. (5) Where the Director decides to grant permission, he will put the stake locality to public auction in accordance with the provisions of sub-rules (2) and (3) of rule 7 and the highest bidder shall be granted permission in Form "C" on payment of a fee of 10/- (Rupees ten only);] (6) In case the highest bidder is other than the one who had applied for grant of permission for erecting fishing stake, he shall give an undertaking to the Director to the effect that he shall erect the stake poles in accordance with the terms and conditions laid down by the Captain of Ports at the time of granting "No objection" letter for erecting the stake poles and other such conditions if any, laid down by the Director or Captain of Ports from time to time;] .....
(8) The Director shall refund to the applicant, the balance amount if any, from the amount deposited under sub-rule (1) after meeting therefrom the expenses incurred by him for the publication of the notice under sub-rule (3). (9) When the stakes are erected, they shall become the property of the Government and no person shall remove, disturb or in any way damage the same." The Form "C" to the Rules gives format in which applications/permissions are granted under Rule 6(5). Form "C" is as below: FORM "C" [See sub-rule (5) of rule 6] Permission for erection of fishing stakes Permission is hereby granted to Shri ...... resident of ...... for erecting ...... (number) fishing stakes at ..... (exact location). Shri .... has paid 5/- (Rupees five only) as fee for grant of this permission as required under sub-rule (5) of rule 6 of the Goa, Daman and Diu Fisheries Rules, 1981. Panaji : (Signature) Date : Director of Fisheries The permission granted to the petitioner reads thus: FORM "C" [See sub-rule (5) of rule 6] Permission for erection of fishing stakes Permission is hereby granted to Shri Gokuldas B. Phadte resident of H.No.1123, Madkai Adanwada, Mardol, Ponda for erecting 4 (number) fishing stakes at opposite Survey No.171/12 Carambolim Creek (exact location). Shri Gokuldas B. Phadte has paid 25/- (Rupees twenty five only) as fee for grant of this permission as required under sub-rule (5) of rule 6 of the Goa, Daman and Diu Fisheries Rules, 1981. sd/- (Dr. (Smt.) Shamila Monteiro) Panaji : 3/3/2016 Director of Fisheries Date : Panaji 10. The Fisheries Rules were framed in the year 1981. In the year 1981, the satellite map images technology was not freely available in public domain. The Fisheries Department could at the most specify the survey number of the land where the fishing stakes are. The Satellite Image Maps are now freely available. The rules require exact location to be specified. There is no reason why the latest technology is not adopted for specifying the precise location. 11. The learned Counsel for the petitioner and the respondent no.4 jointly submitted that, if the map such as the one produced on record on 17 July 2018, is annexed to the permission it will minimise disputes. If such a map was made as an annexure to the permission, the litigation may not have reached this court.
11. The learned Counsel for the petitioner and the respondent no.4 jointly submitted that, if the map such as the one produced on record on 17 July 2018, is annexed to the permission it will minimise disputes. If such a map was made as an annexure to the permission, the litigation may not have reached this court. It is thus necessary that the Directorate of Fisheries annexes a satellite map to the permissions. Fishing stakes of the area plotted on a Satellite Image Map superimposed with survey numbers if is made available online on the Department''s website, it will bring in clarity. The permit holders would be able to know exactly where their fishing stakes are. The new applicants will also know for which vacant area they can make an application for. The learned Counsel for the petitioner pointed out that the confusion regarding the locational details often lead to law of order situation at loco. 12. We are of the opinion that while granting permissions the Department of Fisheries should make it a practice to annex a Map, like the one they have produced in this court, to every permission. It should also maintain a database on its website. The map annexed to the affidavit dated 17 July 2018 should be taken as a model. 13. Accordingly, we dispose off the Writ Petition with the following directions. (a) Respondent no.2 Directorate of Fisheries will reconsider the location of the fishing stakes granted to the petitioner and the respondent no.4 and issue a fresh order specifying the correct location within a period of eight weeks. It is open to the petitioner and respondent no.4 to file further documentation in furtherance of their claim. (b) The Director of Fisheries shall issue necessary instructions to annex a Satellite Image Map to the Fishing Stakes permissions issued as per Rule 6(5) of the Goa Fisheries Rules. The Map should also show locations of the other fishing stakes in the area. The map annexed to the affidavit dated 17 July 2018 be taken as a model map. The instructions be issued within six weeks. (c) The Department of Fisheries will also create a database of the fishing stakes and plot the locations by marking them on a Satellite Image Map of the entire area. The map which is so prepared shall be uploaded on the website.
The instructions be issued within six weeks. (c) The Department of Fisheries will also create a database of the fishing stakes and plot the locations by marking them on a Satellite Image Map of the entire area. The map which is so prepared shall be uploaded on the website. (d) The Directorate of Fisheries will initiate the process of carrying out the survey and preparation of the map for the purpose of uploading the same on its website as early as possible. (e) The Department of Land Survey and the Department of Information and Technology will render all assistance to the Department of Fisheries for the purpose of creation of website with map and database as above. Copies of this order be sent to the heads of both the departments. 14. Rule is made absolute in the above terms with no costs. 15. The Directorate of Fisheries will file a report in this Court after a period of six months from today placing on record the progress in respect of the above general data base and the website information.