PRABIR KUMAR DHALI Vs. KOLKATA PORT TRUST

JUDGEMENT

(1.) The dispute revolves around a decision taken by the Kolkata Port Trust, KoPT in short (respondent no.1), to increase the maximum permissible beam width for vessels at the Netaji Subhas Dock (NSD) from the previous existing width of 80 ft. to 82 ft. The petitioners argue that, before taking such drastic decision, particularly considering that the admitted lock gate width is 90 ft., without any scientific study or data analysis, subjects the petitioners and other dock workers to unnecessary risk of life and limb. Learned counsel for the petitioner argues that the existing permissible beam width of 80ft. at the NSD already covers 89 per cent of the lock width, which is one of the highest in the world. 82 ft. would take it to about 91 per cent.

(2.) Secondly, learned counsel for the petitioners submits that a six-member committee was formed by the Director, Marine Department, KoPT on June 1, 2018, comprised of the Director himself, Harbour Master (Port), Deputy and Assistant Dock Masters and Senior Dock Pilot to identify the issues that needed to be addressed for taking vessels in excess of the then existing maximum permissible limit of 80 ft. but not exceeding 82 ft. inside NSD. The committee recorded agreement on trial operations being held for a period of six months to evaluate the prospect of admitting vessels exceeding the existing permissible beam width of 80 ft. Such period of six months was to expire on December 1, 2018. However, instead of waiting for six months, after only six days, the Director constituted a "Technical Committee" for revision of operational parameters both in the NSD and the Kidderpore Dock (KPD). Out of its four members, three were also a part of the earlier meeting dated June 1, 2018. By its report dated June 25, 2018, the Technical Committee increased the beam width of vessels of NSD to 82 ft. but did not increase the existing limit for KPD. Learned counsel argues that there is no no reasonable basis for such patent contradiction with the decision of the earlier committee of six members was disclosed in the report of the Technical Committee. The impugned decision dated June 25, 2018 does not disclose any basis for increasing the beam width, nor refers to the earlier decision dated June 1, 2018. It is contended that on all earlier occasions till the year 2013, when there was occasional passage of vessels exceeding 80 ft. beam width, objections had been raised on which action was taken and show-cause notices were issued, which were duly answered, upon which no oversized vessel was accepted thereafter.

(3.) Moreover, there is patent contradiction in the Technical Committee retaining the existing 70 ft. beam width for KPD, which has a lock width of 80 ft. (having 87.5 per cent occupancy) but increasing the NSD beam width to 82 ft., thus increasing the occupancy from an already high (89 per cent) to 91.1 per cent occupancy in the lock which is 90 ft. wide.