JIA KALAHI MSSS LIMITED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The fishery named 48 Kharkhari Fishery, Amingaon, District - Kamrup [hereinafter referred to as 'the Fishery', in short, for the sake of brevity] is a 60% category fishery and is required to be settled as per the provisions contained in Rule 12 of the Assam Fishery Rules, 1953. The Fishery was previously settled with M/s Jia Kalahi Meen Samabai Samity Limited for a period of 7 [seven] years from 24/7/2012 to 23/7/2020. When the term of the earlier settlement of the Fishery expired on 23/7/2020, the Deputy Commissioner, Kamrup was instructed to initiate steps for settlement of the Fishery for the next term of settlement by the State Government in the Fishery Department on 3/11/2020. On receipt of such instruction, the Deputy Commissioner as the Tender Inviting Authority got the revenue of the Fishery assessed through the District Fishery Development Officer [DFDO], Kamrup under Rule 48 of the Assam Fishery Rules, 1953 @ ? 78,000/- per annum. The State Government accorded approval to the annual revenue of the Fishery on 17/11/2020. By a Tender Notice dtd. 9/2/2021, the Deputy Commissioner invited bids for settlement of the Fishery for a period of 7 [seven] years fixing the annual revenue as ? 78,000/- and the last time/date of submission of bids was fixed up-to 03-00 p.m., 19/2/2021. The Tender Notice had inter alia stated that the Fishery would be settled with co-operative societies/self help groups [SHGs]/non-government organizations [NGOs] formed with fishermen and the bidders should belong to the concerned district and be in the neighbourhood of the Fishery.

(2.) In response to the Tender Notice dtd. 9/2/2021, 4 [four] nos. of bidders including M/s Jia Kalahi Meen Samabai Samity Limited ['the petitioner society' and/or 'M/s Jia Kalahi Society', for short] and M/s Ashirbad Fishery Mahal Society ['the respondent society' and/or 'M/s Ashirbad Society', for short], submitted their bids quoting different bid values. The names of the bidders and their respective bid values, in descending order, are as under :- <IMG>JUDGEMENT_128_LAWS(GAU)2_2024_1.jpg</IMG>

(3.) The Tender Settling Authority in the Fishery Department, Government of Assam, after receipt of the tender documents of 4 [four] participant bidders, on being forwarded by the Tender Inviting Authority, has found the bid of the respondent society as the highest valid bid and the Fishery has been settled in favour of the respondent society at a total settlement value of ? 91,00,000/- for a period of 7 [seven] years @ ? 13,00,000/- per annum by an Order of settlement dtd. 4/8/2021.