RASHMI METALIKS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, challenging an order dated August 28, 2017 passed by the General Manager (Traffic) - IC in respect of two plots, bearing Plate No. CUP - 353 CS and Plate No. CUP - 518 CS, thereby dismissing the petitioners ' plea to waive compensation charges levied on the petitioners as penal rent on the ground that the petitioners had failed to fulfill their obligation to export minimum volume of cargo as per the KoPT 's guideline for allotments of plot on short-term license basis, even after repeated extension of their licences.

(2.) By the said order, the KoPT narrated that the licences of the petitioners in respect of the aforesaid plates were terminated and compensation was levied for continued unauthorised occupation of the same. The period of such occupation was from May 19, 2012 in respect of CUP - 353CS and October 28, 2011 in respect of CUP - 518 CS. The vacant possession of the said plots was handed over by the petitioners to the port authorities on July 7, 2013 and July 1, 2013 respectively.

(3.) The learned Senior Advocate appearing for the petitioners submits that the levy of exorbitant amounts as penal rents on the petitioners was discriminatory, since other occupants had been given relaxation by waiving their penal rents.