Paradeep Phosphates Ltd., Bbsr Vs Board of Paradip Port Authority, Jagatsinghpur

The Petitioner in this writ petition seeks to assail the notification dated 2^nd December, 2022 (Annexure-14) issued by the Paradip Port Authority, Finance and Accounts Department, Paradip, which was published in the official gazette of Government of Odisha on 16^th January, 2023 as well as communication dated 26^th April, 2023 (Annexure-20) issued by the Paradip Port Authority, Paradip pursuant to the said notification. The Petitioner also assails the invoice raised on 9^th March, 2023 under Annexure-16 series pursuant to the said notification under Annexure-14 and communication vide Annexure-20 on the ground that there is no Adjudicatory Board under the Pardip Port Trust Act, 2021 (for brevity ‘the Act’). Hence, this writ petition is stated to have been filed. It also

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alleged in the writ petition that the impugned decision has been taken by an authority not competent under the Act.

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This Court finding a prima facie case in favour of the Petitioner issued notice to the Opposite Parties vide order dated 16^th May, 2023 and as an interim measure, directed that operation of the communication under Annexure-20 shall remain stayed till the next listing of the case, which is continuing till date.

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In course of hearing, Mr. Padhi, learned Senior Advocate appearing for Paradip Port Authority drew attention to Section 32 of the Act, which provides that any person aggrieved by any action of the Board while exercising its power under Sections 22 to 31 (except Section 29), may approach the Adjudicatory Board constituted under Section 54 of the said Act by filing an application before it. It is submitted that the action impugned herein was in exercise of power under Section 27 of the Act.

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4.1 Section 54 of the Act provides constitution of Adjudicatory Board. Although the Adjudicatory Board has not yet been constituted, but proviso to Section 54 of the Act makes it clear that until constitution of the Adjudicatory Board, the Tariff Authority for Major Ports (TAMP) constituted under Section 47-A of the Major Port Trusts Act, 1963 shall discharge the functions of the Adjudicatory Board and shall cease to exist immediately after the constitution of the Adjudicatory Board under the Act.

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Mr. Parija, learned Senior Advocate appearing for the Petitioner submits that in the facts and circumstances of the case,

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the Petitioner may approach the TAMP for redressal of its grievances by filing an application following due procedure. 6. Taking into consideration the submissions made by learned Senior Advocates appearing for the parties, this writ petition is disposed of with a direction that in the event the Petitioner approaches the Tariff Authority for Major Ports (TAMP) by filing an application following due procedure of law within a period of three weeks hence, it shall make an endeavour to adjudicate the grievance of the Petitioner in accordance with law, giving opportunity of hearing to the parties concerned as expeditiously as possible preferably within a period of six months from the date of filing of such petition. Till disposal of such grievance petition by TAMP, if filed within the stipulated time, as aforesaid, there shall be stay operation of the communication dated 26^th April, 2023 under Annexure-20 issued by the Paradip Port Authority, Paradip, which shall be subject to the result of the grievance petition of the Petitioner by the TAMP or Adjudicatory Board, as the case may be.

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It is needless to say that parties are at liberty to raise their plea both on fact and law as permissible. The TAMP shall act upon production of the certified copy of this order.

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Urgent certified copy of this order be granted on proper application.

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Signature Not Verified bks

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Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 17-Jan-2025 12:39:16

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(K.R. Mohapatra) Judge

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Paradeep Phosphates Ltd., Bbsr v. Board of Paradip Port Authority, Jagatsinghpur

Case brief

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Paradeep Phosphates Ltd., Bbsr v. Board of Paradip Port Authority, Jagatsinghpur

Case brief

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