RISHI KIRAN LOGISTICS PVT. LTD. Vs. BOARD OF TRUSTEES OF KANDLA PORT TRUST
LAWS(SC)-2014-4-103
SUPREME COURT OF INDIA
Decided on April 21,2014

Rishi Kiran Logistics Pvt. Ltd. Appellant
VERSUS
Board Of Trustees Of Kandla Port Trust Respondents


Referred Judgements :-

ABL INTERNATIONAL LTD. AND ANR. V. EXPORT CREDIT GUARANTEE CORPORATION OF INDIA LTD. AND ORS. [REFERRED TO]
TATA CELLULAR VS. UNION OF INDIA [REFERRED TO]
RAUNAQ INTERNATIONAL LIMITED VS. I V R CONSTRUCTION LIMITED [REFERRED TO]
DRESSER RAND S A VS. BINDAL AGRO CHEM LTD [REFERRED TO]
M P MATHUR VS. D T C [REFERRED TO]
KISAN SAHKARI CHINI MILLS LTD VS. VARDAN LINKERS [REFERRED TO]
MEERUT DEVELOPMENT AUTHORITY VS. ASSOCIATION OF MANAGEMENT STUDIES [REFERRED TO]
TEJAS CONSTRUCTIONS AND INFRASTRUCTURE PVT LTD VS. MUNICIPAL COUNCIL SENDHWA [REFERRED TO]



Cited Judgements :-

BASE ENTERPRISES VS. HEAVY ENGINEERING CORPORATION LIMITED [LAWS(JHAR)-2020-2-13] [REFERRED TO]
VIGNAN EDUCATIONAL VS. STATE OF A.P. [LAWS(APH)-2022-8-133] [REFERRED TO]
KALYAN TOLL INFRASTRUCTURE LTD. VS. U.P. STATE CONSTRUCTION AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED [LAWS(CHH)-2020-3-82] [REFERRED TO]
RENESCO INDIA PVT. LTD. VS. EASTERN COALFIELDS LIMITED AND OTHERS [LAWS(CAL)-2018-7-177] [REFERRED TO]
MIRADOR COMMERCIAL PVT. LTD. VS. POWER GRID CORPORATION OF INDIA LTD. AND ORS. [LAWS(APH)-2015-8-22] [REFERRED TO]
SHIVRAM ENTERPRISES VS. STATE OF GOA [LAWS(BOM)-2016-8-120] [REFERRED TO]
CHONGTHAM JAYANTAKUMAR SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2018-5-11] [REFERRED TO]
CHONGTHAM JAYANTAKUMAR SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2019-1-61] [REFERRED TO]
SICAL LOGISTICS LTD VS. MAHANADI COALFIELDS LIMITED AND OTHERS [LAWS(ORI)-2017-9-55] [REFERRED TO]
VIJETA PROJECTS AND INFRASTRUCTURE LTD. VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-249] [REFERRED TO]
UTTAR PRADESH RAJKIYA NIRMAN NIGAM LIMITED VS. STATE OF BIHAR [LAWS(PAT)-2020-5-2] [REFERRED TO]
GEETA JEENA VS. GOVERNMENT OF NCT OF DELHI [LAWS(DLH)-2021-10-150] [REFERRED TO]
KOHLI ADVERTISING (OPC) PRIVATE LIMITED VS. PIMPRI CHINCHWAD MUNICIPAL CORPORATION [LAWS(BOM)-2022-4-365] [REFERRED TO]
SUMPURNANAND VS. STATE OF U.P. [LAWS(ALL)-2018-10-190] [REFERRED TO]
CUBE CONSTRUCTION VS. STATE OF GUJARAT [LAWS(GJH)-2021-10-1469] [REFERRED TO]
J.P. ISCON PVT LTD VS. STATE OF GUJARAT [LAWS(GJH)-2021-10-1004] [REFERRED TO]
NAKUL CHAUHAN VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-9-145] [REFERRED TO]
TEJINDER GOYAL VS. UNION OF INDIA [LAWS(HPH)-2023-1-107] [REFERRED TO]
D. JAMES LAMKANG VS. STATE OF MANIPUR [LAWS(MANIP)-2021-11-14] [REFERRED TO]
MAHESHWARI VANI PRAKASHAN PVT. LTD. AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-11-6] [REFERRED TO]
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU VS. DMRC LTD. [LAWS(J&K)-2016-12-5] [REFERRED TO]
RANJIT BUILDCON LIMITED, AHMEDABAD VS. RAIL VIKAS NIGAM LIMITED, CHENNAI [LAWS(MAD)-2021-1-239] [REFERRED TO]
MANIKCHAND AND CO. VS. THE STATE OF MANIPUR AND ORS. [LAWS(MANIP)-2017-8-3] [REFERRED TO]
DANDI CHEMFOOD PRIVATE LIMITED VS. UNION OF INDIA [LAWS(GJH)-2022-8-8] [REFERRED TO]
GMR AIRPORTS LTD. VS. MIHAN INDIA LTD [LAWS(BOM)-2021-8-20] [REFERRED TO]
GSEC LIMITED VS. AAI CARGO LOGISTICS AND ALLIED SERVICES COMPANY [LAWS(GJH)-2019-6-106] [REFERRED TO]
QED PROPERTIES VS. MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION [LAWS(BOM)-2022-11-138] [REFERRED TO]
SWAMI PRASAD MAURYA AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-11-98] [REFERRED TO]
EASTERN AGRO MARKETING AGENCIES VS. STATE OF ASSAM AND 3 ORS [LAWS(GAU)-2018-2-56] [REFERRED TO]
BLA INFRASTRUCTURE PVT. LTD. VS. BIHAR STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. [LAWS(PAT)-2019-10-88] [REFERRED TO]
BAJRI LEASE LOL HOLDERS WELFARE SOCIETY VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-4-201] [REFERRED TO]
BHUSHAN POWER & STEEL LIMITED VS. MR. S.L. SEAL ADDL. SECRETARY (STEEL & MINES) GOVERNMENT OF ODISHA & ORS. [LAWS(SC)-2016-12-30] [REFERRED TO]
RAJMANGAL DEVELOPERS VS. COMMISSIONER, MUNICIPAL CORPORATION UJJAIN & ORS [LAWS(MPH)-2016-3-155] [REFERRED]
ST PAULS CONVENT SENIOR SECONDARY SCHOOL, UJJAIN VS. CENTRAL BOARD OF SECONDARY EDUCATION & OTHERS [LAWS(MPH)-2018-1-444] [REFERRED TO]
BEST SECURITY SERVICES, RAIPUR (C G ) VS. CHHATTISGARH STATE ELECTRICITY POWER TRANSMISSION [LAWS(CHH)-2017-3-47] [REFERRED TO]
MYSTICAL TECHPLAST PVT. LTD VS. MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LTD [LAWS(BOM)-2022-4-165] [REFERRED TO]
SANJAY YADAV VS. NORTH DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2023-5-203] [REFERRED TO]
IN MATTER OF MANMEET SINGH VS. SOUTH DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2020-7-44] [REFERRED TO]
KAMLADLTYYA CONSTRUCTION PVT. LTD VS. RAIL LAND DEVELOPMENT AUTHORITY [LAWS(DLH)-2022-12-111] [REFERRED TO]
DBM GEOTECHNICS & CONSTRUCTIONS PVT. LTD. VS. UNION OF INDIA [LAWS(APH)-2015-9-5] [REFERRED TO]
SUDALAGUNTA SUGARS LTD. VS. TRANSMISSION CORPORATION OF ANDHRA PRADESH [LAWS(APH)-2019-8-82] [REFERRED TO]
TELANGANA STATE ROAD TRANSPORT CORPORATION, NALGONDA VS. SILIVERU GYANESHWAR GIRI SOCIAL SERVICE SOCIETY, NALGONDA [LAWS(APH)-2018-6-94] [REFERRED TO]
J.M. MHATRE INFRA PRIVATE LIMITED VS. UNION OF INDIA [LAWS(BOM)-2014-12-20] [REFERRED TO]
N. T. AGENCY VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2019-6-118] [REFERRED TO]
CELEX TECHNOLOGIES PVT LTD AND ANOTHER VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2017-9-62] [REFERRED TO]
GIRIDHARILAL AGRAWAL VS. STATE OF ODISHA [LAWS(ORI)-2021-1-38] [REFERRED TO]
THE MULA THADI MACHHIMAR VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-5-12] [REFERRED TO]
SMT A V SHAKUNTALA VS. THE UNION OF INDIA [LAWS(KAR)-2016-12-1] [REFERRED TO]
KATRA MATA VAISHNO DEVI HOTELS, KATRA VS. UOI [LAWS(J&K)-2016-12-12] [REFERRED TO]
M/S. CCC-HIM, CONTINENTAL HOUSE VS. SJVNL (A JOINT VENTURE OF GOVERNMENT OF INDIA & GOVERNMENT OF HIMACHAL PRADESH) [LAWS(HPH)-2020-9-94] [REFERRED TO]
GUJRAT APOLLO INDUSTRIES LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-3-66] [REFERRED TO]
MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION VS. GOVARDHANI CONSTRUCTION COMPANY [LAWS(BOM)-2021-2-20] [REFERRED TO]
PAULMECH INFRASTRUCTURE PVT. LTD. VS. STATE OF ORISSA [LAWS(ORI)-2017-3-33] [REFERRED TO]
RABINDRA KUMAR DAS VS. STATE OF ODISHA [LAWS(ORI)-2023-5-244] [REFERRED TO]
DEV PRABHA CONSTRUCTION PVT. LTD VS. BHARAT COKING COAL LIMITED [LAWS(JHAR)-2021-2-98] [REFERRED TO]
M/S SUNDER MARKETING ASSOCIATES VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2017-6-41] [REFERRED TO]
SHIVAM ENTERPRISES VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-9-153] [REFERRED TO]
LUNSAT KIPGEN VS. STATE OF MANIPUR [LAWS(MANIP)-2021-11-11] [REFERRED TO]
R S DAIKHO, S/O (LATE) TH SAPUNI OF RIKHUMAI TAPHOU VS. STATE OF MANIPUR [LAWS(MANIP)-2017-7-8] [REFERRED TO]
ANEJA CONSTRUCTION (I) LTD THROUGH AUTHORISED REPRESENTATIVE VS. UNION OF INDIA AND ORS [LAWS(DLH)-2018-4-202] [REFERRED TO]
M/S. PAPPU CONSTRUCTION VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-5-35] [REFERRED TO]
NAVEEN KUMAR JAIN VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2016-2-83] [REFERRED TO]
STATE OF WEST BENGAL VS. CHIRANJILAL (MINERAL) INDUSTRIES OF BAGANDIH [LAWS(SC)-2023-9-34] [REFERRED TO]
BIHAR OFFSET PRINTERS ASSOCIATION VS. UNION OF INDIA [LAWS(PAT)-2022-3-4] [REFERRED TO]
COBRA INDUSTRIAL SECURITY FORCES (I) LTD VS. STATE OF BIHAR [LAWS(PAT)-2020-10-21] [REFERRED TO]
CMEC CONSULTING ENGINEERS PVT LTD VS. UNION OF INDIA [LAWS(ORI)-2020-12-9] [REFERRED TO]
RANA MARBLE AND MINES, BHAKHARO KI DHANI, MAKRANA, DISTRICT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-4-235] [REFERRED TO]
TELANGANA STATE ROAD TRANSPORT CORPORATION VS. SILIVERU GYANESHWAR GIRI SOCIAL SERVICE SOCIETY AND ORS. [LAWS(TLNG)-2018-6-4] [REFERRED TO]
M/S. HOLOFLEX LTD. VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2016-9-42] [REFERRED TO]
UNION OF INDIA VS. RVG METALS [LAWS(DLH)-2019-4-293] [REFERRED TO]
SANJAY YADAV VS. NORTH DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2022-4-27] [REFERRED TO]
FIBREMARX PAPERS PVT LTD. AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-5-154] [REFERRED TO]
ACPE INFRASTRUCTURES PVT. LTD. VS. STATE OF ANDHRA PRADESH, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND OTHERS [LAWS(APH)-2018-7-50] [REFERRED TO]
TIWARI CONSTRUCTION VS. UNION OF INDIA AND ORS [LAWS(CHH)-2016-8-19] [REFERRED]
KAUSHIK BUILD CON VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-5-6] [REFERRED TO]
AGROS IMPEX INDIA PRIVATE LIMITED VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2016-3-7] [REFERRED TO]
MUBASHIR ASHRAF BHAT VS. UNION TERRITORY OF JAMMU AND KASHMIR AND ORS. [LAWS(J&K)-2021-1-5] [REFERRED TO]
YAMBEM SANJIT MEETEI VS. STATE OF MANIPUR [LAWS(MANIP)-2020-3-17] [REFERRED TO]
OMEGA ELEVATORS VS. THE UNION OF INDIA AND ORS. [LAWS(PAT)-2020-5-9] [REFERRED TO]
GARG ELECTRIC STORE & ANOTHER VS. STATE OF UTTARAKHAND & OTHERS [LAWS(UTN)-2017-8-50] [REFERRED TO]
M/S. P AND C PROJECTS PVT. LTD VS. STATE OF KERALA [LAWS(KER)-2021-4-14] [REFERRED TO]
STATE OF U.P. VS. SUDHIR KUMAR SINGH [LAWS(SC)-2020-10-30] [REFERRED TO]
KATRA MATA VAISHNO DEVI HOTELS VS. UOI AND ORS [LAWS(J&K)-2017-1-1] [REFERRED TO]
HONSHU BUILDCON PRIVATE LIMITED VS. NORTH DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2018-1-43] [REFERRED TO]
MANMEET SINGH VS. SOUTH DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2020-7-170] [REFERRED TO]
PRADIP AGARWAL VS. KOLKATA MUNICIPAL CORPORATION [LAWS(CAL)-2023-12-11] [REFERRED TO]
D.D. BUILDERS LIMITED VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-3-88] [REFERRED TO]
BVG INDIA LIMITED VS. STATE OF M. P. [LAWS(MPH)-2021-3-6] [REFERRED TO]
HOLOFLEX LTD VS. STATE OF MP AND OTHERS [LAWS(MPH)-2016-9-78] [REFERRED]
SOUTH EASTERN COALFIELDS LIMITED VS. S.KUMARS ASSOCIATES AKM (JV) [LAWS(SC)-2021-7-28] [REFERRED TO]
CHANDRA SEKHAR SWAIN (IN BOTH) VS. STATE OF ODISHA AND OTHERS (IN BOTH) [LAWS(ORI)-2017-3-58] [REFERRED TO]
G.HARIKUMAR VS. THE TRAVANCORE DEVASWOM BOARD [LAWS(KER)-2017-3-71] [REFERRED TO]
VALENTINE MARITIME LTD VS. UNION OF INDIA [LAWS(BOM)-2018-10-26] [REFERRED TO]
RATNESWAR BARUAH VS. UNION OF INDIA [LAWS(GAU)-2016-9-27] [REFERRED TO]
ADITYA ENTERPRISES VS. CITY INDUSTRIAL AND DEVELOPMENT [LAWS(BOM)-2023-4-73] [REFERRED TO]
SAT GURU OXYGEN COMPANY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-6-70] [REFERRED TO]
YASHWANT AMRATLAL THAKKAR VS. CHARITY COMMISSIONER GUJARAT STATE [LAWS(GJH)-2022-4-782] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)The factual matrix which needs to be taken note of, for the purpose of deciding the present appeal, unfolds as under:- Respondent No. 2 herein, viz., the Board of Trustees of Kandla Port Trust (hereinafter referred to as the 'Port Trust') has number of plots, in and around Kandla Port, which are of different sizes. The Port Trust took a decision, sometime in the year 2005, to allot these plots on leasehold basis for a period of 30 years for the purpose of enabling the allottees thereof to put up the construction of liquid storage tanks. For this purpose the Kandla Port Trust issued notice inviting tenders dated 12.3.2005. The annual rent in respect of these plots was fixed at a nominal rate of Re. 1/- per plot. However, the bidders were required to submit the price bid in the form of premium in respect of the concerned plots for which they intended to bid. The basic value of this premium was fixed at Rs. 612/- per sq. mtr. The bids were to accompany the earnest money deposit of Rs. 3 lakhs per plot. As per the prescribed procedure in such matters, the Port Trust held pre-bid meeting on 21.4.2005 wherein the terms of NIT of the bidders were explained and querries answered. The bidders were also informed that since these plots fall under Coastal Regulatory Zone (CRZ), requisite permission from the competent authority under CRZ was required which would be obtained by the Kandla Port Trust. However, at the same time it was also made clear that any specific clearance like safety, pollution control etc. was to be obtained by the individual lessee (s). This was also reiterated vide communication dated 25.5.2005. In this letter it was also stated that the successful bidder was required to pay the premium within a period of 3 months from the issuance of formal letter of allotment or CRZ clearance whichever was earlier. One more pre-bid meeting was held on 20.6.2005 and, thereafter the last date of submitting the tender was also postponed and subsequently fixed as 11.8.2005.
(3.)The appellant submitted its bid in respect of Plot Nos. 14, 15 and 17. The technical bids of the bidders, including that of the appellant, were opened on 11.8.2005. Bid of the appellant was found to be technically qualified. Thereafter, price bids were opened on 30.8.2005. These bids were scrutinised by the Tender Committee of the Port Trust. Recommendations were placed before the Board of Trustees in its meeting held on 8.12.2005. It was followed by communication dated 7.1.2006 to the appellant in the form of Letter of Intent (LOI), inter alia stating that the leasehold rights in respect of Plot Nos. 14, 15 and 17 were given for a premium of Rs. 3,200/- per sq. mtrs., 3,150/- per sq. mtr. and 3,120 per sq. mtr. respectively. This communication further mentioned that the formal letter will be issued to the appellant after the receipt of CRZ clearance in general.


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