Uttarakhand High Court
Sanjeev Pandey vs Director Fisheries on 28 July, 2022
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WP(PIL) No.92 OF 2019
28TH JULY, 2022
Sanjeev Pandey ...... Petitioner
Vs.
Director Fisheries, Uttarakhand Dehradun and Others
...... Respondents
Presence: -
Shri Avidit Noliyal, learned counsel for the petitioner.
Shri Vikas Pandey, learned Standing Counsel for the State.
JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)
Respondent no.4 - the Deputy Director,
Fisheries Department, Bhimtal, Nainital has filed his
affidavit in compliance of our order dated 13.07.2022. The
salient aspects stated in the affidavit are following:-
1) The upper limit of the number of licenses for
angling which could be issued per day for
both Bhimtal and Naukuchiyatal has been
fixed at 100. This means that only upto 100
licenses could be issued each day for both
the lakes put together.
2) The areas on the circumference of the two
lakes, where angling has been prohibited,
have also been specified. These areas have
been described in the order dated
13.07.2022 as well as on the google maps
of the two lakes. From the same, it appears
that there are five stretches on Bhimtal
where angling has been prohibited and there
is one stretch on Naukuchiyatal where the
same has been prohibited. The respondents
have also issued public notice on
13.07.2022 bearing publication number
94/izdk"ku/2022-23 in this regard.
3) It is stated that the fishing in the vicinity of
Bhimeshwar temple has been prohibited
under the order dated 13.07.2022 and the
same is covered by one of the stretches
mentioned hereinabove. The affidavit
discloses that Kunwar Singh Bagadwal,
Fisheries Inspector along with Indar Lal and
Manmohan Singh Negi, Fisherman have
been deployed for keeping a close vigilance
in Bhimtal lake and Mohan Singh, Fisheries
Inspector along with Mukesh Giri and Govind
Singh Gwal, Fisherman have been deployed
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at Naukuchiyatal for the same purpose. We
direct the said employees to ensure that
illegal fishing or angling does not take place
in the two lakes in contravention of the
office order dated 13.07.2022.
4) It is stated that the size of the angling hook
used for fishing has been fixed to be more
than 0.5 inches.
5) Learned counsel for the respondent states
that the respondent is also considering
issuing the angling hooks at the time of
grant of license to the licensees. In our
view, this would be a positive step as it
would ensure that the fishing hooks of only
0.5 inches or more are put to use. The
fishing hooks could be issued against the
security which could be refunded at the time
of return of the fishing hooks on the expiry
of the license period. The license duration is
stated to be from 8 a.m. to 6 p.m. on the
date for which the license is valid. Each
licensee is permitted to fish only four fishes
in a day which he may take with him.
6) The respondents have also disclosed that
3
they have made wide publicity of the
aforesaid norms by publishing the same in
daily newspaper "Amar Ujjala" and
"Hindustan" published on 14.07.2022. The
S.H.O. Police Station Bhimtal has been
informed of order dated 13.07.2022 for
compliance.
2. We have suggested to the Deputy Director,
Fisheries Department, Bhimtal that on the stretches
where angling has been prohibited, marking on the
ground with paint and with inscription should be done
wherever possible all along the stretch so that the
persons who come for angling know the boundaries
within which angling is prohibited. Presently, it
appears that the paper print outs have been pasted in
the vicinity of the lakes which inform the public of the
restrictions and permissions. The Department shall
undertake fixing of permanent steel frames with
painted instructions so as to have some permanency
with regard to the restrictions on fishing / angling.
Such frames should be affixed at proper places on the
circumference of the two lakes.
3. As explained by the Deputy Director, Fisheries
Department on the last date, "Mahseer Fish" is
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required to be removed from the lake for the purpose
of breeding. The Fisheries Department is permitted to
undertake the activity of removing the fishing for the
purpose of breeding and for releasing the fishes- the
younger ones, once they are in a position to be
released in the two lakes and in other water bodies.
4. We have also suggested to the Deputy Director
that there should be a system where the public could
telephonically report violation of the regulations with
regard to the angling / fishing, and lodge their
complaints.
5. The Deputy Director states that some useful
suggestions in this regard shall be placed before the
Court on the next date.
6. Let the further status report, with regard to the
compliance of the directions issued today, be filed by
the next date of listing.
7. List the matter on 16.11.2022.
________________
VIPIN SANGHI, C.J.
________________________
RAMESH CHANDRA KHULBE, J.
Dated: 28th July, 2022
BS/SS
