SHERSIYA ABDUL RAHIM ALIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present petition the petitioner has challenged decision of the respondent- Government in denying the petitioner the relief under the policy Resolution dtd. 25/2/2004 regarding relief in the contract amount.

(2.) The impugned decision is reflected in the communication dtd. 21/5/2013 of the Assistant Director of Fisheries. Thereby the petitioner is intimated that the benefit under the Resolution was not available to the petitioner for the reason that at the Faddangbeti Dam for which the fishing contract was granted to the petitioner, the water area for the relevant period of October, 2012 was above 40% of the effective fishing area.

(3.) It is the case of the petitioner that by order dtd. 11/8/2009 passed by respondent No.3-the Assistant Director of Fisheries, the petitioner was granted a contract for fishing in the area of Faddangbeti Dam for a period of five years from 1/7/2009 to 10/6/2014. The petitioner had participated in the tender process pursuant to public advertisement and having bidded highest at Rs.07,01,380.00 for the contract price, he was awarded fishing contract. In addition to the contractual conditions, the contract was to be governed by the policy of the State Government in relation to the grant of fishing contract incorporated in the policy Resolution dtd. 25/2/2004. Thereby certain benefits were resolved to be granted to the contractors in the event of drought or semi- drought situations or resultant reduction in water level in the reservoir- the effective fishing area. It was made part of contract by virtue of Clause 52 thereof.