J.K.Biswas, J. - (1.) The writ petitioners are seeking declarations that with respect to their dumb barge which used a berth of the board they could be made liable to pay rates only according to section 26.2 of the scale of rates notified by notification No. 469 dated October 3rd, 1996. and not at the rates mentioned in section 22.1. Thereof, as demanded by the board, and that the order of the tariff authority for major ports dated August 27th, 2002 upholding the case and demand of the board, being without jurisdiction, is a nullity.
(2.) In 1989 the first petitioner approached the board with a proposal to set up a floatel on the river Hooghly. The board decided in principle to permit the setting up of the floatel. The terms and conditions of the permission were mentioned in its letter dated September 11th. 1989. It was, inter alia, stated that the first petitioner would pay a monthly fee of Rs. 1,49,745.00 for an area measuring 2690.83 sq. metres. For the purpose the first petitioner imported a completely assembled hull from Singapore. It was towed by a ship, and in June 1995 it arrived at the location. Since the army authorities raised objections to the mooring of the barge near the Man-O-War Jetty, it was shifted to berth No.9 and then to No. 18 of the Kidderpore Dock, Kolkata of the board. The construction works for the five storied structure of the floatel were carried out while the barge layat the dock.
(3.) By a letter dated July 22nd. 1995 the first petitioner informed the harbour master (port) of the board as follows: "Kindly note that our Barge "Gold Float" which arrived sandheads' on 21st June, 1995 was towed by Tug "Smit Langkawi" whose agents are Pat Volk Ltd., Calcutta. As per our contract with Tug Owners "Smit Langkawi" all charges upto No.9 K.P.D. both for Tug "Smit Langkawi" and Barge "Gold Float" are payable by Pat Volk Ltd., Calcutta. All charges for "Smit Langkawi" upto sailing out upto sandheads are payable by Pat Volk Ltd., Calcutta. Charges for Barge "Gold Float" accruing at No, 18 K.P.D. including shifting charges from No.9 K.P.D. to No. 18 K.P.D. are payable by Manor Floatel Limited. In this connection, we enclose herewith the following two receipts of deposits kept with Calcutta Port Trust for your information and necessary action: 1. Receipt No.0661 dated 16th May, 95 amount of Rs. 1 lac. 2. Receipt No. vide our letter No. MFL.CPT:379-95 dated 27th June, 95 amount of Rs. 8,39,500/- in the form of K.V.P. Totalling Rs. 9.39.500 only. Invoices for Port charges and other expenses as per scale of rates for Calcutta Dock System of Calcutta Port Trust accruing at No.18 K.P.D. including shifting charges may please be sent to us for settlement.";