E.P.Abdul Wajid, v. Andaman And Nicobar Administration And Others
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/58/2024 E.P.Abdul Wajid Vs.
Andaman and Nicobar Administration Mr.KMB Jayapal .... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents June 11, 2024 [SR] Item Nos.23 The petitioner challenges a notice dated November 02, 2023 issued by the Zonal Fisheries Office, South Andaman whereby, inter alia, it has been informed to the general public that fishing for leisure/recreational purpose in commercial fishing vessel (engine boats) is strictly prohibited under the Marine Fishing Regulation of A & N Administration.
The same also advises anyone intending to experience game fishing activity to contact the Zonal Fisheries Office itself or to approach Game Fishing Operation Association of Port Blair, Saheed Dweep and Swaraj Dweep.
Learned counsel for the petitioner contends that the petitioner has valid licence to fish as annexed at page 13 of the writ petition but is being debarred from carrying out his commercial fishing activities for supporting his own livelihood by dint of the impugned notification. As such, the petitioner seeks cancellation/quashing of the impugned notice.
Learned counsel for the respondent authorities places reliance on the 2019 Amendment known as Andaman and Nicobar Islands Marine Fishing (Amendment) Rules, 2019 whereby clause 19(b) has been amended to the effect that the owner of the fishing vessel, irrespective of whether the said fishing vessel is mechanized, motorized or non-motorized, shall not carry any persons onboard other than the fisherman/crew possessing fishing licence/fisherman
identity card issued by the authorized officer unless they are given specific written permission by the concerned authorized officer to board the fishing vessel.
A perusal of the impugned notice dated November 02, 2023, shows that the same does not, in any manner, prevent the petitioner or for that matter any valid licence holder from carrying out fishing activities for maintenance of his/her livelihood. I do not find any reason to interfere with the administrative discretion in which the impugned notice has been issued. It is well within the bounds of the administrative discretion of the Executive to prohibit leisure/recreational fishing in commercial fishing vessels In fact, sufficient justification has been given in the notice itself to the effect that it has been found that the general public, government servants, etc. illegally hire commercial fishing vessels for other purposes than they were meant to be used for, that is for leisure and recreational fishing, thus violating the rules and regulation of the Fisheries Department and also endangering their lives.
In so far as the last sentence of the said notice is concerned, there are no qualms as to the first part of the same which guides people intending to experience game fishing activities to contact the Zonal Fisheries Office South Andaman which is a State authority. However, the latter part thereof, guiding people intending to experience game fishing to approach the Commercial Game Fishing Operator Association of Port Blair, Saheed Dweep and Swaraj Deep, a private body, can at best be construed to be of an advisory nature. However, it is made clear that nothing in the notice impugned can be construed to restrict the right to control and operate game fishing activities only to the Commercial Game Fishing Operator Association of Port Blair, Saheed Dweep and Swaraj Deep but such right shall also be available to anyone else having valid licence for sport fishing and game fishing under the extant rules and regulations.
As such, since the petitioner's right to fish for the purpose of carrying out his livelihood is not affected in any manner by the impugned notice dated November 02, 2023, I do not find any reason to interfere with the impugned notice.
Accordingly, WPA/58/2024 is disposed of without interference with the impugned notice dated November 02, 2023 but in the light of the observations made above.
No order as to costs.
Urgent certified server copies, if applied for, be issued to the parties upon compliance of due formalities.
( Sabyasachi Bhattacharyya, J. )