International Trading Co. vs Union Of India And Anr
2001 Latest Caselaw 1428 Del

JUDGMENT

Mukul Mudgal, J.

1. These writ petitions under Article 226 & 227 challenge the refusal of the respondent No.1-Union of India to grant extension of validity of the Charter Permits to the petitioners in consonance with the Deep Sea Fishing Policy & Charter Policy of 1986.

2. The main issue arising in this writ petition is the plea of the petitioner that the extension/renewal of permit after the initial period of 5 years will be an automatic extension/renewal and it can be claimed as a matter of right. The learned counsel for the respondents has relied upon a judgment of Division Bench of this Court, passed in CW.4532/97 entitled as M/s. Golden Ahar Company Ltd. and Anr. Vs Union of India on 8th of April, 1999.

3. The aforesaid judgment held as follows:

"Therefore, it cannot be said that renewal of permission was as a matter of right. Secondly, an important fact in this case is the change in government policy. The facts noted hereinabove show that in larger public interest, the deep sea fishing policy had to be reframed. The government had to appoint a Review Committee in this behalf and the recommendations of the Review Committee received in February 1996 had been duly accepted by the government. In view of the entire policy change being undertaken by the government, the grant of permission for deep sea fishing to foreign trawlers/vessels was totally suspended. The petitioner who admittedly had arrangement with foreign vessels could not, therefore,e get renewal of permit for deep sea fishing. The petitioner cannot seek permission as a matter of right. Moreover, where public interest is involved, individual interest has to given way."

3. In view of the above findings of the Division Bench of this Court in the aforesaid judgment, which binds this Court, all these writ petitions do not survive and are accordingly dismissed with no orders as to costs.