The Supreme Court last week set aside a Delhi High Court judgment and held that the permit-holders of foreign deep sea fishing vessels had no right to automatic renewal of their licences in the exclusive economic zone of India. Their claim for a 15-year period for their fishing operations was also rejected.
The high court had ruled that renewal of permits was a valuable right and it could be refused only on valid grounds.
The court had asked authorities to consider applications for renewal of permits and take a decision after hearing the permit-holders within 6 weeks.
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It had also stated the permit-holders had held the right for 15 years and, therefore, there was a legitimate expectation on their part to get the permits renewed. The Centre moved the Supreme Court.
The permits had been granted under the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act. Permits were granted in the exclusive economic zone of India.
They authorised the applicants to obtain on lease and operate foreign deep sea fishing vessels in terms of the rules. The permits were not renewed after the initial period. They moved the Delhi High Court.
The Centre argued in appeal the renewal permits would be against the specific clauses of the policy decision. It said there could be no legitimate expectation because public interest superseded it.
It also said the Murari Committee specifically prohibited renewal and extension of the licences. Its recommendations were accepted by the government.
Also fishing in the Indian exclusive zone by foreign vessels was governed by the rules, while fishing by Indian vessels in the said zone was governed by executive orders.
The permit-holders said in respect of 32 vessels a departure was made and they were permitted to fish in the zone. This was discriminatory and impermissible in the law.
The Supreme Court said the licences had not been granted for 15 years as clai-med by licencees.