GUJARAT HEAVY CHEMICALS LTD Vs. STATE OF GUJ

JUDGEMENT

(1.) THE petitioners have challenged the validity of Section 37 (2) of the Gujarat Maritime Board Act, 1981 (here-in-after referred to as "the Act")to the extent the same empowers the Gujarat Maritime Board ("gmb" for short) to fix different rates of charges on the basis of vessels in which the goods are carried. Consequently, the petitioners have also challenged the fixation of wharfage charges at the rate at Rs. 16. 50 per tonne specified in Schedule-I to the notification dated 30. 1. 1984 issued by respondent No. 2 Gujarat Maritime Board.

(2.) BRIEFLY stated facts of the present case are as follows :

(3.) SECTION 37 of the Act reads as follows :