TMI Blog2019 (8) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not permit any DPD and DPE containers to pass through Kolkata dock of the Kolkata Port without the same being weighed at the weighbridges installed by the petitioners. The circulars that the petitioners have relied upon require weighment of the containers. The circulars do not require that, the containers must be weighed at the weigh bridges installed by the petitioners. The containers, if weighed elsewhere, is acceptable by Custom. Customs authorities have not taken stand that, the containers must be weighed at the weighbridges of the petitioners - There is no privity of contract between the petitioners and the Kolkata Port Trust authorities. The petitioners are occupying land, taken on lease by HSCL from the Kolkata Port Trust aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weighbridges installed at their facilities preferably near entry/exit gates and that, all containers must be weighed. He has referred to the instructions/directions dated August 18, 2011. In terms of such instructions/directions, Kolkata Port Trust (KoPT) is obliged to have weighbridges installed at the entry and exit gates for weighment of containers. KoPT granted five sites to Hindustan Steel Work Construction Limited (HSCL) for construction of the weighbridges at the Kolkata Dock of the Kolkata Port Trust. HSCL entered into an agreement dated October 21, 2009 by which, the petitioner was required to install weighbridge equipments at the Port Trust land and operate the same on revenue sharing basis with HSCL. By a letter dated November 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Customs (Port) Kolkata whereupon, the Commissioner of Customs (Port) Kolkata issued a public notice dated October 7, 2016 reiterating that, in pursuance of the public notice bearing number 52/2011 all containers must be weighed. By the public notice bearing number 86/2016 the Commissioner of Customs (Port) Kolkata directed that, weighment of imported and export goods should be done in presence of a customs officer. Despite the customs authorities taking such a stand, Kolkata Port Trust authorities did not comply with the same. Kolkata Port Trust authorities allowed large number of DPD and DPE containers to pass through Kolkata dock of Kolkata port without the same being weighed at the weigh bridges installed by the petitioners. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her than the alleged right of possession in respect of the immovable property. He has drawn the attention of the Court to the fact that, Kolkata Port Trust granted lease in favour of HSCL. There is a settled standard operating procedure between the Kolkata Port Trust authorities and HSCL. According to him, there is no obligation on the part of Kolkata Port Trust authorities to have every cargo weighed on the Weighbridge of the petitioners. He has submitted that, the lease agreement between Kolkata Port Trust authorities and HSCL provides that, the land would be used exclusively by HSCL. HSCL did not obtain prior permission of Kolkata Port Trust authorities to put the petitioner into possession of the property. HSCL did not approach for subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en on lease by HSCL from the Kolkata Port Trust authorities. There is nothing on record to suggest that, Kolkata Port Trust authorities had permitted HSCL to put the petitioners into possession of any part or portion of the lease area. There is no obligation on the part of Kolkata Port Trust authorities to ensure that, all DPD and DPE containers passing through Kolkata dock of Kolkata Port Trust must be weighed at the weighbridges installed by the petitioners. Customs authorities have not stated that, the containers passing through Kolkata dock of the Kolkata Port Trust are not being weighed, in accordance with law. Customs authorities cannot compel that, a person who has installed weighbridges on land belonging to Kolkata Port Trust, witho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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