DANDI CHEMFOOD PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Since the issue involved in the present writ petitions is common, the same are heard and decided analogously by this common judgment.

(2.) In the present writ petitions, the petitioners pray for quashing and setting aside Resolution No.66 passed by the Board of Trustees of respondent No.2-Kandla Port Trust (KPT) in its meeting held on 28/8/2015 and also pray for interest at the rate of 8% per annum on the Earnest Money Deposit (EMD) for the period from 5/8/2011 (i.e. the date of deposit of Earnest Money) till 14/8/2015 (i.e. the date of refund of Earnest Money). However, learned Advocate Mr.Salil Thakore appearing for the petitioners submitted that so far as the period is concerned, this Court can fix the same as per discretion of the Court and with regard to payment of interest, in the alternative, it is submitted that the same may be paid at the rate of interest, whichever is enjoyed by the respondent-KPT for the said period.

(3.) In 2010, the Ministry of Shipping, Government of India (GoI) came out with the Land Policy for Major Ports, 2010. In about June 2011, the respondent-KPT issued a notice inviting E-tender cum E-auction for allotment of plots between Village Padana and Village Chirai for Production of salt on 30 years lease on "as is where is basis".