JAYANTA KUMAR BISWAS, J. - (1.) This Letters Patent Appeal is against the judgment and order dated 26/04/1996 pronounced in Writ Petition No. 2081 of 1995, which was filed by the respondents herein.
(2.) By the impugned judgment and order the writ petition was allowed, and the bills (Annexure 'D' to the writ petition), demanding payment of balance of berth hire charges, by the Calcutta Port Trust (hereinafter referred to as "the C.P.T."), from the respondents who had specifically agreed to pay the berth hire charges for the purposes mentioned in the said bills, were set aside. The learned Judge held that the C.P.T. was entitled to mooring hire charges and not berth hire charges, because the two berths used by the respondents, considering the locations, names, descriptions, features, and facilities, could not be said to be full-fledged berths, or berths for that matter.
(3.) The Major Port Trusts Act, 1963 (hereinafter referred to as "the Act") was made applicable to the Port of Calcutta with effect from 1/02/1975; Section 49 thereof being relevant for this case, is reproduced below : "49. Scale of rates and statement of conditions for use of property belonging to Board. (1) Every Board shall, from time to time, 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. (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).";