W.P.(C) No. 13368 of 2013 · Orissa High Court

Shri Misrha learned counsel for the PPT, on the other hand, submits that the actual dues of the petitioner and the demands as raised are strictly in accordance with tariff fixed by the appropriate authority and there can be no question and, as per the agreement entered into by the petitioner with the PPT, the petitioner is bound by the changes made to the tariff rate.

The attention of the learned counsel for both the sides was drawn to the provisions contained in Section 53 of the Major Port Trusts Act, 1963, which reads as hereunder. Sec.53:

Exemption from, and remission of rates or charges – A Board may, in special cases and for reasons to be recorded in writing, exempt either wholly or partially any goods or vessels or class of goods or vessels from the payment of any rate or of any charge leviable in respect thereof according to any scale in force under this Act or remit the whole or any portion of such rate or charge so levied.

In view of the above, the petitioner has an alternative and efficacious remedy to raise its claim before the Board for waiver and/or exemption of the levy claimed 3 from them. We are of the considered view that the petitioner may approach the Board by filing a detailed representation within one week from today. In such event, the Board shall do well to consider and take a decision on the same after affording opportunity of hearing to the petitioner and/or its representative keeping in view the nature of the cargo i.e. coal and the claim of the petitioner that it had purchased/imported the coal and presently has obtained necessary buyer for their cargo. As an interim measure, we direct the petitioner to deposit a sum of Rs.60,00,000/- (rupees sixty lakh) with the PPT and furnish an irrecoverable bank guarantee Rs.75,00,000/- (rupees seventy-five lakh) at the earliest. Upon such deposit as directed and bank guarantee being furnished, the PPT shall permit the petitioner to lift the cargo either by rail or by road and there shall be no impediment caused to the petitioner in this regard.

The aforesaid deposit as well as the bank guarantee furnished shall be subject to the decision that may be taken by the Board on the representation of the petitioner. It is made clear that we have expressed no opinion on the merits of the claim of the petitioner and/or contentions raised on behalf of the PPT. The Board is at liberty to come to its own conclusion strictly in accordance with law preferably within a period of six weeks from the date of filing of such representation.

The Deputy Director of Mines-opp. party no.3 is directed to accord necessary permission to the petitioner 4 and/or extend the period for transportation suitably as may be necessary.

Free copy of this order may be handed to the learned counsel for the State. Urgent certified copy of this order be supplied to the petitioner and the learned counsel for the PPT on proper application. ………………………….. C. Nagappan, C.J. ………………………….. I. Mahanty, J.