CHELAMESWAR, J. - (1.) LEAVE granted in all the SLPs.
(2.) ALL these SLPs arise out of an order of the Orissa High Court made in Miscellaneous Case No. 11005 of 2012 in Writ Petition (Civil) No. 11785 of 2012 on 2 nd August, 2012. The said writ petition was filed by the appellant in the appeal arising out of Special Leave Petition (C) No. 38013 of 2012 i.e. M/s. Auroglobal Comtrade Pvt. Ltd. (hereinafter referred to as Auroglobal). Since the appeals at hand require examination of the rights and obligations arising under the Major Port Trusts Act, 1963, we deem it appropriate to examine the scheme of the said Act, insofar as it is irrelevant. Paradeep Port is a major port as defined under Section 3 sub -Section (8)1 of the Indian Ports Act, 1908. The activities of all major ports including the Paradeep Port 3(8) "major port" means any port which the Central Government may by notification in the Official Gazette declare, or may under any law for the time being in force have declared, to be a major port. are regulated by various enactments such as the Indian Ports Act, 1908 and the Major Port Trusts Act, 1963 (hereinafter referred to as "the Act") etc. The Act stipulates under Section 3 that the Central Government shall cause to be constituted a Board of Trustees with respect to each of the major ports. Such Boards are declared to be bodies corporate. The second respondent in the appeal arising out of SLP(C) No.26321 of 2012 (also a respondent in all the appeals), described (wrongly) as Paradeep Port Trust is one such Board of Trustees constituted under Section 3 of the Act. But for the sake of convenience hereinafter will be referred to as the 'Board'. Each such Board is authorised under Section 37 to compel any sea -going vessel within the port or "port approaches" 2 to use the various facilities provided by the Board. Section 35 enumerates the various facilities and services at the port which can be undertaken by the Boards. Section 48 of the Act authorises the framing of a "scale of rates" for any one of the services rendered by a Board. Such a scale of rate is required to be notified in the official Section 2(r) of Major Port Trusts Act, 1963 ­ 2(r) " port approaches", in relation to a port, means those parts of the navigable rivers and channels leading to the port, in which the Indian Ports Act is in force; gazette. The scale of rates is required to be framed by the Tariff Authority for Major Ports constituted under Section 47A3.
(3.) SECTION 49 of the Act, 1963, as it stands today reads as follows: - "49. Scale of rates and statement of conditions for use of property belonging to Board - (1) The Authority shall from time to time, by notification in the Official Gazette, also frame a scale of rates on payment of which, and a statement of conditions under which, any property belonging to, or in the possession or occupation of, the board, or any place within the limits of the port or the port approaches may be used for the purposes specified hereunder ­ (a) approaching or lying at or alongside any buoy, mooring, wharf, quay, pier, dock, land, building or place as aforesaid by vessels; (b) entering upon or plying for hire at or on any wharf, quay, pier, dock, land, building, road, bridge or place as aforesaid by animals or vehicles carrying passengers or goods; (c) leasing of land or sheds by owners of goods imported or intended for export or by steamer agents; (d) any other use of any land, building, works, vessels or appliances belonging to or provided by the Board. (2) Different scales and conditions may be framed for different classes of goods and vessels. 47A. Constitution and incorporation of Tariff Authority for Major Ports. - (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint there shall be constituted for the purposes of this Act an Authority to be called the Tariff Authority for Major Ports. (2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal and shall by the said name sue and be sued. (3) The head office of the Authority shall be at such place as the Central Government may decide from time to time. (4) The Authority shall consist of the following Members to be appointed by the Central Government, namely: - (a) A Chairperson from amongst persons who is or who has been a Secretary to the Government of India or has held any equivalent post in the Central Government and who has experience in the management and knowledge of the functioning of the ports; (b) A Member from amongst economists having experience of not less than fifteen years in the field of transport or foreign trade; (c) a Member from amongst persons having experience of not less than fifteen years in the field of finance with special reference to investment or cost analysis in the Government or in any financial institution or industrial or services sector. (3) Notwithstanding anything contained in sub - section (1), the Board may, by auction or by inviting tenders, lease any land or shed belonging to it or in its possession or occupation at a rate higher than that provided under sub - section (1)." ;