BOTTLE GLASS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this. and in the .connection writ petition No. 1160 of 1984. is to the cancellation of the fishing permits issued to the petitioner and to the decision of the respondents to invoke the Bank Guarantee which had been furnished by the petitioner.

(2.) With a view to regulate the fishing, in the maritime zones of India by foreign vessels, the Parliament enacted "The Maritime Zones of India" (Regulation of Fishing by Foreign Vessels) Act, 1981 (hereinafter referred to as 'the said Act'). According to this Act, prohibition has been imposed on fishing in the territorial waters and in the waters included in the exclusive economic zones of India by foreign vessels except under .licences on permits issued by the Central Goverament. Section 4 of the Maritime Act provides for grant of licences to the owners of the foreign vessels by the Central Government 'to do fishing in the deep sea waters. Section 5 of the said Act provides for the grant of permission to Indian citizens for using foreign-vessels for fishing in the exclusive economic zone or the territorial waters of India subject to the conditions prescribed. Section 6 of the Act provides for cancellation or suspension of the licence or permit, as the case may be, for violation of the conditions of such a licence or permit.

(3.) Under section 25 of the said Act the Central Govern-ment has been authorised to frame rules to carry out the purposes of the same generally as also specifically on the terms 'and condition on which a licence or a permit may be granted. These rules have been framed. The rules were notified in the Official Gazette of 26th August, 1982. These rules are called the Maritime Zone of India (Regulation -of Fishing by Foreign Vessels) Rules, 1982.