SESA GOA LIMITED Vs. NEW MANGALORE PORT TRUST

JUDGEMENT

(1.) On 29.09.2006, the New Mangalore Port Trust (NMPT) allotted an extent of 5,000 sq. mtrs. of paved area to the petitioner inside the security compound for stacking of iron ore vide Annexure-A. On 26.02.2008, NMPT allotted a further extent of 3,600 sq. mtrs. of paved area inside the security compound once again for stacking of iron ore. On 18.11.2009, NMPT allotted an additional plot of 3,500 sq. mtrs. inside the security compound for stacking of iron ore.

(2.) The first allotment i.e., of 5,000 sq. mtrs. stipulated that the land was being allotted for a period of one month on payment of licence fee of Rs. 19.06 per sq. mtr. per month and 10% surcharge on the said licence fee. There was no express clause in the said allotment regarding payment of any penal licence fee. It was, however, stated that the petitioner was liable to pay security deposit of Rs. 1,04,830/- which was obviously for adherence to the terms of allotment.

(3.) The other two allotments i.e., dated 26.02.2008 and 18.11.2009, however, provided for imposing of a penal licence fee for non-performance of shipment for more than three months. The said clause reads as under: