INTERNATIONAL AIRPORT AUTHORITY OF INDIA Vs. ASHOK DHAWAN

JUDGEMENT

(1.) Leave granted in the SLP.

(2.) Civil No. 67 of 1990 and the Civil arising out of Special Leave Petition (C) No. 12023 of 1991 impugn the same judgment and order of the Delhi High court. Civil Nos. 1656-59 of 1992 impugn another judgment and order of the Delhi High court. Since both judgments deal with the levy of demurrage by the International Airport Authority of India on baggage, they may be dealt with together. In the former set of appeals the baggage was unaccompanied baggage; in the latter set of appeals it was baggage under transhipment.

(3.) For the purpose of this judgment, it is sufficient to refer to the facts of the former set of appeals. The first respondent therein returned to India on transfer of residence and was granted the benefit of the rules applicable to transfer of residence. On 16/7/1986, Air India carried the first respondent's unaccompanied baggage under an Airway Bill. There were three containers, one containing a computer, another containing a keyboard and the third containing two printers. The third container was lost while in the custody of the Authority. The first respondent's application to the Customs authoritiesfor being treated as a person who had transfer of residence status was rejected. The Collector of Customs dismissed his appeal. The central government dismissed his revision petition. The first respondent thereupon filed a writ petition in the Delhi High court, including a prayer concerning demurrage. Pending the petition, the central government reviewed its earlier order and, pursuant to the High court's directions, allowed exemption under the Transfer of Residence Rules to the first respondent. Thereupon, the two containers were delivered to the first respondent by the said Authority without prejudice to the parties' rights and contentions. The first respondent was required to pay 20% of the demurrage thereon, amounting to Rs. 8,960. 00, the Chairman of the said Authority having waived 80% of the demurrage. It was then reported that the third container was untraceable.