GRAM SABHA, GOSWA DONGA Vs. DEPUTY COLECTOR, SANDILA

JUDGEMENT

(1.) HEARD Sri R.N. Gupta, learned Counsel for the petitioner, Sri Manzar Ali Khan, learned Counsel for opposite party No. 2 and Sri H.P. Srivastava, learned additional CSC for opposite party No. 1. Through this writ petition settlement of 10 years fisheries lease in favour of respondent No. 2 Mast Jivi Sahkari Samiti Vikas Khand Gandhar Tahsil Saindila District Hardoi without any advertisement has been challenged. The lease was settled through order dated 12.7.2004 passed by opposite party No. 1 Deputy Collector Sandila. It was a patent order of three lines "approved as proposed". Gram Sabha had passed the resolution without issuing any advertisement which was approved by the Deputy Collector. It is shocking that 10 years fisheries lease of all the ponds situate in the village was settled with one society for a song. The allegation is that earlier Pradhan was in collusion with respondent No. 2. The total area of all the ponds is about 50 hectares and it has been let out at the rate of Rs. 400/ - per hectare per year. It is open loot of public property. In several authorities of this Court it has been held that fisheries lease cannot be settled except through auction after due advertisement. Full Bench Authority of this Court in Ram Kumar v. State,, 2005 (99) RD 823 also approved the said procedure. Preference is to be given to fishermen's societies. However, it does not mean that lease is to be settled with such society without advertisement. Property worth Rs. 5 lacs per year has been let out just for about Rs. 30,000/ - per year. In Babban v. State,, 2004 (97) RD 675 followed in several other authorities, it was held that fisheries lease could not be settled for less than Rs. 10,000/ - per hectare per year premium/rent. After discussing several other authorities it was held in Ram Kumar v. State,, 2009 (107) RD 557 (paras. 5 & 6) as follows: - -

(2.) I have followed this procedure with very good results in several cases drawing inspiration from an authority of Supreme Court Ram & Shyam Company v. State of Haryana : AIR 1985 SC 1147. In the said authority Supreme Court settled mining lease through auction in Court wherein annual premium was enhanced from Rs. 4.5 lacs to Rs. 25 lacs i.e. about five and half times by judicial intervention, which according to para -6 of the said authority visibly shocked and surprised each one in the Court - -