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2018 (2) TMI 1953 - SC - Indian LawsNotification dated 18th January, 2016 - Territorial jurisdiction - expansion of port limits of Hazira port - HELD THAT:- There can be no doubt that Shri Joshi's plea that the power of the Government to alter the limits of any port Under Section 5(1) of the Indian Ports Act must be done only in public interest is correct. However, it has not been shown to us as to how the impugned notification is contrary to public interest. The affidavits filed in the High Court, by the State Government and the GMB, show that a commercial port's limits were altered in public interest because the number of vessels at Hazira port were expected to increase dramatically and it was, therefore, necessary to make adequate facilities not only for anchorage of such vessels, but also for reasons of customs formalities, port conversion, general security etc. We are not, therefore, satisfied that the notification is ultra vires Section 5 of the Indian Ports Act. We have already seen that the Appellants have no 'right' to private property in view of the fact that the ownership of the captive jetty that has been constructed and the ownership of reclaimed land is with the GMB/State Government - the notification is intra vires as the alteration in the limits of Hazira Port does not affect any 'right' of the Appellants to private property. Appeal dismissed - decided against appellant.
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