MEGHRAJSINH MANUBHA JADEJA Vs. GUJARAT MARITIME BOARD

JUDGEMENT

(1.) Petitioner who claims to be champion in the cause of public has presented this petition seeking for a writ of mandamus to the first respondent to start recovering 50% warface amount from second respondent as and when the goods arrived at the Port.

(2.) We have heard the arguments of Ms. Dhariti, learned counsel appearing for the petitioner and perused the case papers. Petitioner who claims to be the President of Vadinar Yuva Jagruti Samiti and claiming to be a social worker has filed the present petition contending inter alia that the Department of Revenue, Government of Gujarat had issued Notification No. JMN/Industry/5594/3946/A.1 dtd. 30/5/1995 granting 488-67-57 sq.mtr., of land to the second respondent for the purpose of oil refinery industry, on the condition that the location would be in the Port limits of Gujarat Maritime Board. It is further stated that second respondent initiated process to have the location of Single Buoy Mooring - SBM within the limits of Kandla Port Trust and the said issue had landed upto this Court and by order dtd. 23/9/1998 passed in Special Civil Application 3698 of 1998 and 5498 of 1998 this Court had directed the Collector, Jamnagar to take a decision. It is further stated that Department of Revenue issued Notification No. JMN/Industry/5595/CM/21/A.1 11/5 dtd. 20/5/2000 and cancelled the condition that respondent no. 2 would put the SBM location within the Port limits of Gujarat Maritime Board on three conditions and one of the condition was second respondent would pay 50% of the amount to warface rate to Gujarat Maritime Board as and when the goods arrived at the Port.

(3.) Petitioner claims that he filed an application under Right to Information Act to the Gujarat Maritime Board seeking information about volume of goods received and amount to warface paid by second respondent in the last five years and a reply has since been received on 22/3/2021 Annexure-C, stating thereunder that second respondent is not paying the warface amount to the Gujarat Maritime Board. Hence, petitioner has sought for grant of the aforesaid prayers.