Arijit Banerjee, J. - (1.) These four writ petitions have been taken up for hearing and disposal together as they involve common questions of fact and law.
(2.) The Kolkata Port Trust (in short 'KPT') issued a Notice Inviting Tender (in short 'NIT') dated 21st July, 2014 seeking to impose a condition for payment of royalty on the volume cargo handling of the Shore Handling Agents at the Haldia Dock Complex and also seeking to fix a ceiling limit on the charges which the operators can charge for their services rendered to private customers. These two clauses of the NIT are under challenge in the four writ petitions. Clauses 4.3, 7.12 and 14 of the NIT which are under challenge are set out hereunder: - - "Clause 4.3 - The bidder has to quote the Rate of Royalty payable by it to KoPT on per ton basis on dry bulk cargo which will be handed by it at HDC under the Handling Agency License to be granted in terms of the instant tender and the terms & conditions thereof as contained in the Bid Document. In addition the bidder has to pay the applicable Service Tax and other taxes and duties, if any. Clause 7.12 - Only those bidders, who undertake to pay royalty to KoPT at the highest bid received, will be issued Handling Agency License and will be allowed to undertake shore handling of dry bulk cargo at HDC after obtaining Handling Agency License to be issued by KoPT. Bidders not submitting such undertaking will be debarred from undertaking shore handling of dry bulk cargo at HDC. Clause 14 - Payment to be received by Handling Agent from its principals: 14.1 - For rendering services as per the Scope of Work contained in the Bid Document the Handling Agent will be entitled to receive payment from their Principals within the ceiling rates mentioned below: Submission of the Petitioners (Re: WP 22511 (W) of 2014)
(3.) Imposition of the aforementioned terms is beyond the jurisdiction and authority of KPT, which is a statutory body whose power is circumscribed by the Major Port Trusts Act, 1963 (in short 'MPT Act'). KPT is not authorized by the MPT Act to prescribe the rights at which shore handling agents can charge exporters/importers who are serviced directly by the petitioners. Only the Tariff Authority for Major Ports (in short TAMP) can do so under Sec. 48 of the MPT Act as amended in 1997. Levy of royalty is not authorized by the Scale of Rates published by the TAMP, which is binding on KPT.;