SHIV TRANSPORT COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr.S.I. Nanavati assisted by learned advocate Mr.Niral Mehta for the petitioner, learned Government Pleader Ms.Manisha Lavkumar with learned Assistant Government Pleader Mr.Ishaan Joshi for respondent No.1-State and its authorities-respondent Nos.3 and 4 and learned advocate Mr.G.H. Virk for respondent No.2-Gujarat Maritime Board.

(2.) The present petition filed under Article 226 of the Constitution seeks a writ of mandamus to get sets aside order-cum-communications dated 08 th December, 2011 and dated 23rd December, 2011 passed by the Port Officer, Bedi Bandar, Jamnagar-the authority of respondent No.2. Order dated 08 th December, 2011, provided that allotment of Plot No.16 to the petitioner company situated at Sachana Ship Breaking Yard was cancelled. In the second order dated 23rd December, 2011 while cancelling the allotment of Plot No.16, it was stated as ground that the plot was shown to be part of Marine National Park and the Sanctuary and the activity of ship breaking undertaken thereat was illegal and amounted to encroachment. It was provided that only after no- objection certificate received from the Forest Department, the plot could have been developed. The authority proceeded to order refund of the rental of the plot collected till the dispute therein was resolved.

(3.) The facts briefly sated were that ship braking plot Nos.1 to 15 were functional at the Sachana Port Ship Breaking Yard. Plot Nos.16, 17 and 18 located in the area other than that of Plot Nos.1 to 15 were noticed to be part of the land of Marine National Park and that due to illegal activity of ship breaking, it was perceived that the marine life was under threat. It was, therefore, decided to cancel the allotment of plot Nos.16, 17 and 18 for the said reasons. As stated above, Plot No.16 was allotted to the petitioner which came to be cancelled.