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2019 (5) TMI 1980 - HC - Indian LawsConstitutional Validity of Notification dated 11.5.2011 and the Notification dated 4.12.2014 issued by the respondent Tariff Authority for Major Ports (TAMP) constituted under Section 47A of the Major Port Trusts Act, 1963 - use of the lands belonging to the Kandla Port Trust - non-payment of the lease rentals as per the scale of rates framed by the TAMP under the impugned notifications - non-payment of the compensatory bills - prayer for renewal of leases - HELD THAT:- The Ministry of Shipping, Government of India, considering the importance of the lands belonging to the Port Trusts and considering the provisions contained in Section 34 of the said Act, had issued the Land Policy for Major Ports in 2004 in exercise of the powers conferred under Section 111 of the said Act. Thereafter the Government of India, in supersession of the said Land Policy of 2004, issued Land Policy for Major Ports - 2010 for implementation by all Major Ports and Ennore Port Limited. Thereafter the Government of India had issued the Policy Guidelines for the land management by Major Ports 2014. However, the Indian Port Association, an Apex Body of Major Ports having highlighted certain difficulties and suggested some changes, the Ministry had constituted a Two-Member Committee to examine the suggestions and furnish a report. Based on the report, the revised guidelines were framed and issued under Section 111 of the said Act, vide communication dated 17.7.2015. The said Policies inter alia contained the directions/guidelines to be followed by the Port Trusts with regard to the Land Use Plan, Land Allotment Policy, Renewal of Existing Leases, determination of market value of port land and the scale of rates etc. The upshot of the discussions and findings may be concluded as under:- (i) The Land Policies of 2010 and 2014 in respect of the Port lands issued by the Central Government under Section 111 of the MPT Act, are legal, valid and binding to the respondent KPT and the TAMP. (ii) No interference is called for in the order dated 13.11.2014 passed by the TAMP and published vide the Notification dated 4.12.2014 under Section 49 of the said Act. The SoR framed by the TAMP shall be effective from 1.1.2014 as directed in the said order. The said order stands confirmed accordingly. The demand notices, if any issued to the petitioners based on the said order also stand confirmed accordingly. (iii) The order dated 25.3.2011 passed by the TAMP and published vide Notification dated 11.5.2011 is partly set aside to the extent it approves the SoR with retroactive effect from July 1999. The SoR approved by the TAMP for the period from 1.1.2009 to 31.12.2013 as per the said order are confirmed. The order stands modified accordingly. The demand notices, if any issued by the KPT based on the said order shall stand set aside. However, the KPT shall be at liberty to issue fresh demand notices as per the modified order and take actions or file proceedings against the defaulters, in accordance with law. (iv) The Renewal of lease in respect of the port land is governed by the land policies issued by the Central Government and cannot be claimed by the lessee as a matter of right. There could not be any automatic renewal of lease on the expiry of lease period. The port land being public premises, if the lease is not renewed by the lessor KPT after the expiry of lease period, the status of lessee in respect of the subject land becomes that of an unauthorized occupant. Mere acceptance of rent by the lessor KPT for subsequent period during which the lessee has continued to occupy the public premises, could not be construed to be the conduct signifying assent on the part of lessor. The impugned order dated 25.3.2011 passed by the TAMP and published vide the Notification dated 11.5.2011 under Section 49 of the Major Port Trusts Act, is partly set aside to the extent it approves the SoR with retrospective effect from July 1999. The said order to the extent it approves the SoR for the period from 1.1.2009 to 31.12.2013 is confirmed. The demand Notices, if any, issued against the petitioners based on the said order shall stand set aside, however, the KPT shall be at liberty to issue fresh demand Notices. Rest of the prayers made in each of the petitions are rejected. The petitions stand partly allowed.
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