MD. SAHIDUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B Chakraborty, learned counsel appearing for the petitioner. The respondent No.1 is represented by Mr. U Rajbongshi, the standing counsel for the Transport Department. Ms. B Bhuyan, the standing counsel, IWT appears for the respondent Nos.2 & 3.

(2.) The petitioner was the lessee of the Dibru-Kachari-Oriumghat Ferry Service from 14.12.2011 to 31.3.2012 and he also operated the ferry on temporary basis after expiry of his lease period from 1.4.2012 to 4.9.2012. The settlement was granted on 8.12.2011 (Annexure-1) by the Government in pursuant to a regular process under Rule 19(b) of the Control and Management of Ferry Rules, 1968 (hereinafter referred to as 'the Ferry Rules'). The temporary settlement was granted at the old rate on periodic extension at 15 days interval by the Executive Engineer, IWT. For operating the ferry service, the petitioner utilised two vessels namely, S.B. Numali and S.B. Lakhimi No.2 and 4 operating staff for each boat was to be engaged for running the two vessels.

(3.) The Government settlement order shows that the ferry was settled at the highest bid of Rs.4,75,000/- and the lessee is required to take care of the staff salary for the 8 employees, quantified at Rs.13,25,000/-. As required by the terms of the lease, the lessee deposited Rs.3,95,685/- for the 2 sets of Driver, Laskar, Boatman and Helmsman each for the two vessels. The departmental authorities in turn was to provide the 8 operational staff to the lessee. In other words, the staff was to be provided by the IWT and their salary is to be paid from the amount pre-deposited by the lessee.