CHANDRESHKUMAR JITENDRA AND CO. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this Special Civil Application under Article 226 of the Constitution of India, the petitioners, 39 in number, have challenged the Notification issued by the Gujarat Maritime Board, Gandhinagar, ["the Board" for short], vide Notification No.GMB/102012/G/14/GH 1, dated 20th July, 2012, which is annexed as Annexure "A" to this application and the other various notifications issued by the respondent Board to the petitioners by which the petitioners were asked to pay the differential amount of rent of Rs. 270/ per 10 sq. meters. The petitioners have also prayed that the above notification be declared unjust and arbitrary with further declaration that the respondent Board is not entitled to get permit fees over and above the rent earlier fixed.

(2.) THE facts giving rise to the filing of this Special Civil Application may be summed up thus:

(3.) AFTER hearing the learned advocate for the petitioners and after gong through the notification published in the Gujarat Government Gazette Extraordinary, dated 20th July, 2012, we find that the Gujarat Maritime Board, in exercise of powers conferred under Sections 37, 38 and 39 with sub sections [7], [8], [10], [11], [12], [13], [14], [16] and [17] of Section 110 of the Gujarat Maritime Board Act, 1981 and in supersession of all the notifications issued earlier from time to time in respect of various port charges as specified in the Appendix, fixed the new rates of rent and charges.