HC quashes KoPT extension notice

CUTTACK: In a major victory for the State Government, the Orissa High Court on Friday quashed the notification issued by the Union Shipping Ministry allowing extension of Kolkata Port limits well into the waters along the Odisha coast. The court has also quashed the notification issued by the Kolkata Port Trust (KoPT) altering its limits pursuant to the Central Government notification.A division bench comprising Chief Justice V Gopalagowda and Justice B N Mohapatra, in their 45-page judgment, has held that the notification issued by the Central Government allowing extension of KoPT was illegal as the same violated the principles of natural justice as well as Article 14 of the Constitution. The bench had earlier concluded hearing on the case and reserved its verdict. The bench has further held that the notification of the Central Government was not only arbitrary, unreasonable and unfair but also an outcome of “colourable exercise of power in violation of the doctrine of proportionality”. The court, while adjudicating the case, had formulated questions on whether exercise of power by the Centre in issuing the notification in relation to the major port extending/altering the limit of KoPT encroaching on the other non-major ports in Odisha, which had already been notified by the State Government under Section 5 of the Indian Ports Act, was correct. Whether the notification of the Centre will prevail over the notification of State Government and and alter the limits of the ports within the State without consultation with the latter? It also asked if the notification, invading the limits of other ports of Odisha coast, was not in violation of the Article 14 and was arbitrary, unreasonable and against the doctrine of proportionality and if the notification issued by Kolkata Port was legal and valid? Considering the arguments of Advocate General Ashok Mohanty, assisted by additional government advocate V Narasingh, Additional Solicitor General of India for Central Government Ashok Parija, senior counsel for Dhamra Port S Sen and S K Kapur for KoPT, the court ruled on all the questions and held that the Central Government should not have issued notification extending the limits of KoPT encroaching on the pre-notified limits of other ports by the Odisha Government. Taking into consideration that the State Government has already executed lease against some operators for development of the ports, the court found the notification by the Centre and KoPT illegal. The court’s judgment came on a PIL filed by Kendujhar Naba Nirman Parishad challenging the notification of the Union Shipping Ministry for the proposed alteration of Kolkata Port limits. The petitioner’s advocate, S N Panda, while challenging the November 10, 2010 notification extending the limits of Kolkata Port, had alleged that the same would incapacitate the developmental plans of the Odisha  Government in boosting its maritime activity. The extension of KoPT’s jurisdiction would affect the upcoming ports in Bichitrapur, Subarnarekha mouth, Bahabalpur, Inchudi, Chandipur, Chudamani and Dhamra in the State.