ROSEY HOUSE BOATS Vs. STATE OF KERALA

JUDGEMENT

(1.) The Government and the review petitioner signed Ext.P9 agreement, a Private Public Partnership (PPP) , to establish a dry dock at Alappuzha. For this purpose, the review petitioner contributed land and also 50% of the project expenditure, estimated at Rs. 9.42 crores. The Government, on its part, is to contribute the balance: 50%.

(2.) When the review petitioner started dredging, then the Government insisted that the review petitioner should pay not only the royalty on the dredged sand but also a share in the proceeds generated by the dredged sand, for the Government is a co-investor.

(3.) In W.P.C.No.4118 of 2017 the learned single Judge has held that the review petitioner need not share with the Government the sale proceeds of the dredged sand. On appeal, in W.A.No.71 of 2018, this Bench has held that both the Government and the review petitioner, as coinvestors, may have equally whatever income generated.