GUJARAT MARITIME BOARD Vs. SEA GREEN MARINE

JUDGEMENT

(1.) GUJARAT Maritime Board and it's Port Officer at Alang Sosiya Ship Breaking Yard have come up with this appeal, being aggrieved by the direction of the learned Single Judge to grant permission to first respondent to beach and to break vessel in plot No. 50 at Alang Sosiya Ship Breaking Yard of Messrs Hussain Sheth Ispat (Shipbreaking), [permission holder] as per Clause 2 of Schedule IV of the Gujarat Maritime Board (Conditions and Procedures for Granting Permission for Utilising Ship Recycling Plots) Regulations, 2006 (for short "the Ship Recycling Regulations 2006" ).

(2.) PLOT No. 50 at Alang-Sosiya Ship Breaking Yard belongs to Gujarat Maritime Board (hereinafter called "the Board") which was allotted to Messrs Hussain Sheth Ispat (Shipbreaking) granting permission for beaching and breaking of vessels. Permission was subsequently renewed by the Board vide its letter dated 11. 12. 2008 for period from 1. 10. 2004 to 30. 9. 2009 as per the Recycling Regulation, 2006. Beaching and recycling of vessels at Alang Recycling Yard is governed by the Ship Recycling Regulations, 2006. Messrs Hussain Sheth Ispat (Shipbreaking) submitted applications on 14. 8. 2008 and 15. 4. 2009 for transfer of plot No. 50 in the name of first respondent. No action was taken by the Board on the requests made, evidently because such a transfer was not permissible under the amended Regulations. First respondent also preferred an application dated 30. 4. 2009 seeking permission to beach the vessel and to break the same in plot No. 50 as per clauses 2 and 3 of Schedule V of the Regulations, 2006 as if it was permitted by Hussain Sheth Ispat (Shipbreaking ). The 1st respondent also filed Special Civil Application No. 4548 of 2009 before this Court, seeking a direction to the Board to permit them to beach and break the vessel in plot No. 50. Learned Single Judge by order dated 15th May, 2009, directed Gujarat Maritime Board to take a decision on the applications within one week, with certain observations. Consequently, Board issued notices to the 1st and 3rd respondents, heard them and rejected the requests vide order dated 1. 6. 2009 stating as follows:-

(3.) THE 1st respondent aggrieved by that order filed Misc Civil Application No. 1491 of 2009 in Special Civil Application No. 4548 of 2009 for modification of the order dated 15. 5. 2009 passed by this Court by deleting later half of para 5 and also to quash order dated 1. 6. 2009 passed by the Board. Learned Single Judge vide order dated 3. 7. 2009 allowed the application and gave a positive direction to the Board to grant permission within one week from the date of receipt of the order. Learned Judge also made certain observations, which is extracted hereunder:-