V S DEMPO AND COMPANY PRIVATE LIMITED CHOWGULE AND COMPANY PRIVATE LIMITED Vs. BOARD OF TRUSTEES:BOARD OF TRUSTEES OF THE PORT OF MORMUGAO

JUDGEMENT

(1.) These appeals by special leave are against the dismissal of the Writ Petition Nos. 174 of 1983, 124 and 146 of 1984 filed by the appellants in the Bombay High court, Panaji bench, Goa. The appellants, in the writ petitions had challenged the notification dated 25/10/1983 amended by the notification dated 26/4/1984 by which the Board of Trustees of the Mormugao Port hadrevised the rates of wharf dues on some export cargo, namely, iron ore and iron ore pellets handled through the Mechanical Ore Handling Plant (referred hereafter as 'mohp') at Berth No. 9. The increase was made from the existing rate of Rs. 27.56 per tonne or part thereof to Rs. 28.22 and there was also levy of surcharge subject to rebate of Rs. 8.80 per tonne. It was further notified that 50% of the handling charges were payable before receipt of the cargo for unloading and the balance of 50% was to be paid before shipment of the cargo. The appellants challenged the levy of the said surcharge as well as the requirement of payment of 50% of the handling charges before receipt of the cargo for unloading. The writ petitions have been dismissed by the High court hence these appeals by special leave.

(2.) It was stated by Shri Ashok Desai, learned counsel for the appellant that in these appeals there was no challenge to the revision of the handling charges from Rs. 27.56 per tonne or part thereof to Rs. 28.22. The challenge in these appeals has been confined mainly to the levy of the surcharge by the aforesaid notifications. The challenge has been made to notes 1 and 2 of the notification.

(3.) It would be appropriate to quote the aforesaid two notifications which are as under: government OF GOA, DAMAN AND DIU Industries and Labour Department Mormugao Port Trust Notification No. 3-GA (8/83 In exercise of the powers conferred under Ch. IV of the Major Port Trusts Act, 1963 and with the prior sanction of the central government in terms of Section 52 of the said Act, the following amendments be made to the Schedule of Harbour and Railway Rates published in the Boletim Official No. 21, Series I, dated 31/5/1962 and as amended from time to time. Schedule of Harbour and Railway Rates Proposed Amendmentgovernment OF GOA, DAMAN AND DIU MORMUGAO PORT TRUST Notification No. 3-GA (8/84 In exercise of the powers conferred under Ch. VI of the Major Port Trusts Act, 1963 and with the prior sanction of the central government in terms of Section 52 of the said Act, the following amendment be made to the Schedule of Harbour and Railway Rates published in the Boletim Official No. 21, Series I, dated 31/5/1962 and as amended from time to time :