In Brief
Maheshwary Handling Agency, a cargo clearing and forwarding company, challenged a 1998 circular issued by Kandla Port's Traffic Manager limiting storage of goods to 60 days, beyond which storage was treated as unauthorised occupation subject to penalty rent at double the normal rate. The company argued the circular was invalid because it interfered with tariff-fixing authority vested in the Tariff Authority under the 1997 Port Laws Amendment Act, and lacked supporting data on congestion. The Supreme Court upheld the circular, holding that the Traffic Manager retained authority under the original tariff notification to determine storage conditions and prevent congestion. The 60-day limit ensured uniform, non-discriminatory treatment and was reasonable. The appeal was dismissed."
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