L H MEHTA Vs. KANDLA PORT TRUST

JUDGEMENT

(1.) The writ petition has been preferred by the Petitioners challenging the resolution of Board of Trustees of Kandla Port Trust dated 7.7.2009 and the consequential circular dated 29.10.2009 whereby the transfer fee in respect of transfer of sale of leasehold rights of a particular plot is sought to be levied with effect from 1.1.2004. Further prayer has been made to declare that the transfer fee in respect of transaction of transfer of plots, the basis and criteria adopted for determining the transfer fee is artificial, unrealistic, arbitrary and very antithetic to the underlying purposes of levy of transfer fee.

(2.) The first and the third Petitioners are lessee, having leasehold rights on residential plot No. 111, Sector-2 in the township of Gandhidham and plot No. A-119 of Kandla Port Trust in the area known as Bhaipratapnagar, Gandhidham respectively.

(3.) The case was heard by the learned Single Judge and taking into consideration the fact that the Petitioners have jointly filed the writ petition raising general question in public interest and pleaded that "the issue and the subject matter affects the entire population of the plot holders in the Gandhidham township and all residents and inhabitants in the township are affected persons", observed that writ petition is not adversary litigation and preferred in public interest of residents and inhabitants of the township of Gandhidham, referred to matter to the Division Bench to treat and hear the matter as a public interest litigation.