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Supreme Court of India 2019-09-17 dismissed

Maheshwary Handling Agency Private Limited vs Board of Trustees of Kandla Port Trust and Others

Bench: 2 — Sanjiv Khanna

In Brief

A private cargo handling company challenged a 1998 circular by Kandla Port's Traffic Manager restricting storage of cargo to 60 days, treating longer storage as unauthorised occupation subject to double penalty rent. The company argued the circular exceeded the Traffic Manager's authority and violated equal protection rights. The Supreme Court upheld the circular, holding that the Traffic Manager had discretionary power under the tariff notification and port regulations to define authorised occupation periods and regulate port operations. The 60-day limit ensured uniformity, was reasonable, and did not breach Article 14 of the Constitution.

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Administrative Law Port Authorities Tariff and Rates Constitutional Law Equality and Article 14

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