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PETITIONER: GANGA RAM DAS
Vs.
RESPONDENT: TEZPUR KAIBARTA CO-OPERATIVEFISHERY SOCIETY LTD.
DATE OF JUDGMENT: 29/01/1957
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 377 1957 SCR 479
ACT: Rule 12, Assam Fishery Rules--Whether ultra vires and repugnant to s. 16 of the Assam Land Revenue Regulation, 1 of 1886.
HEADNOTE: Section 16 of the Assam Land Revenue Regulation, 1 of 1886 defines " right of fishery " and s. 155(f) empowers the Provincial Government to make rules for " the granting of licences, or the farming of the right......... to fish in the fisheries". The State Government accordingly framed the Fishery Rules and r. 12 thereof provides that no fishery shall be settled otherwise than by sale except by the State Government. It was contended that r. 12 was ultra vires the Provincial Government and was repugnant to s. 16 of the Regulation. Held, that r. 12 is not ultra vires’ and is not repugnant to s. 16 of the Regulation. There is nothing in s. 16 which indicates the principles or the policy on which the rules for the acquisition of fishery rights are to be framed. The whole thing is left to the discretion of the State Government. Held further, that r. 12 specifically empowers the State Government to settle...