TEJPAL SINGH ARORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is directed against the order dated 8.10.2002 passed by the State of Maharashtra, Department of Fisheries cancelling fishing lease given under contract dated 2.7.2001 executed between the petitioner and respondent no. 5 Vidarbha Irrigation Development Corporation (for short, VIDC). The petitioner is also challenging communication dated 12.7.2002 issued by the respondent no. 5 VIDC suspending the contract by and between the petitioner and respondent no.5

(2.) The factual matrix reveals that the dispute relates to the Upper Wardha Reservoir owned by the respondent no. 2 of which fishing rights to be given were under the control of respondent no. 1, State of Maharashtra, Ministry of Fisheries. The said water Tank has a spread area of about 5,500 hectares.

(3.) The State Government somewhere in the year 1993 took a policy decision that fishing contract should be awarded by inviting open tenders. Pursuant to the said policy decision, in the year 1997, tenders to award fishing rights of the tank were invited by the Regional Deputy Director of Fisheries, Amravati. Petitioner participated in the tender process. The tender came to be awarded in favour of the petitioner, with the result, petitioner became recepient of the fishing right of the tank in question. The contract was executed on 21.8.1997 between the petitioner and the Regional Deputy Director, Department of Fisheries, Amravati under which the petitioner acquired fishing right for a period of five years in consideration of which the petitioner claims to have paid Rs. 10,71,301.- per annum from 1997 to 2002 to the respondent no.1.