HARI HAR CHOWDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application in the form of writ petition for the purpose of waiver of demurrage charges towards the processings period. Under an order of the Airports Authority of India, International Airports Division, being letter No. AAC/CARGO -40 (03J/547 dated 7.9.1998, the Authority concerned waived demurrage charges amounting to Rs. 1,85,000 for the period from 8.5.1998 to 7.9.1998, which is condoned towards processing period.

(2.) ACCORDING to the petitioner, as per powers relating to remission/waiver of the demurrage charges (Cargo), the processing period of waiver application shall be regulated as under: (a). In cases where demurrage is waived in full and/or part total processing period shall be considered as free period. (b). In case where application is rejected, the processing period beyond ten working days after receipt of complete details/documents/explanations should be treated as free period. (c). Maximum three working days free period shall be allowed from the date of communicating the decision, beyond which full demurrage charges shall be levied.

(3.) MR . Dhar, learned Advocate appearing on behalf of the respondent Authority, has contended before this Court that there is no scope of adjudication of demurrage by Writ Court when the alternative remedy, by way of an appeal, is available to the petitioner. This is a case of re -export and the Chairman, Authority is the appropriate Forum for appeal. He has also cited a decision reported in : 1995ECR209(SC) (International Airports Authority v. Grandslam International). Upon relying on paragraph 60 of the said judgment Mr. Dhar contended before this Court that in fact, when the International Airports Authority of India in exercise of powers conferred by Sub -section (1) of Section 37 of the International Airports Authority Act, 1971 and with the prior approval of the Central Government have made regulations called the International Airports Authority (Storage and Preservation of Goods) Regulation, 1980, regulating levy of charges or surcharges, scale of charges and waiver of charges payable by the owner in case of warehouse goods with the IAAI, those Regulations not only do not come in conflict with the Act or its Regulations or its Rules but conform to the requirement of the provision of Section 63 of the Act.