Gauhati HC upholds Assam govt’s decision on Torsa River fishery settlement

Guwahati, Feb 9: The Gauhati High Court has dismissed a writ petition challenging the settlement of the Torsa river fishery in Dhubri district, upholding the Assam government's decision to allot the fishery to M/s Dhubri Disabled Men Jhagra Beel Fishery Development Cooperative Society Ltd.

The order, passed by Jus-tice Lanusungkum Jamir, recently ruled that the petitioner, Gangadhar Fishery Coop. Society Ltd., failed to establish grounds for setting aside the government's decision.

The case stemmed from a Notice Inviting Tender (NIT) issued by the District Commissioner, Dhubri, on August 5, 2024, for the settlement of (Gr. No. 15/101) Torsa river fishery for seven years (2024-2031).

The petitioner challenged the government's order dated December 23, 2024, awarding the fishery to the respondent society, arguing that it had failed to submit the 100 per cent Actual Fisherman Certificate, a mandatory requirement under Clause IV(c) of the NIT.

The petitioner's counsel AK Sarma, contended that his client had complied with all the tender conditions and had sub-mitted a bid of Rs 29,47,000, while the respondent society, despite being the highest bidder at Rs 38,60,500, his tender was defective as he had not submitted that its members were consisted of 100% actual fishermen in terms of Rule 12 of the Fishery Rules.

However, senior advocate Bhaskar Dev Konwar, rep-resenting the respondent society, countered that the certificate had been delayed due to administrative reasons but was later submitted.

He also argued that the respondent society was a sitting lessee, having successfully operated the fishery in the previous term without any objections.

The court ruled in favor of the government's decision, observing that the relaxation of tender conditions was permissible and upheld the principle that the highest bid should be given priority unless there were compelling reasons to do otherwise.