Delhi High Court
Indian Private Ports And ... vs Uoi And Ors on 3 February, 2023
Neutral Citation Number: 2023/DHC/000831
$~A-2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8946/2011 & CM APPL.9521/2014
INDIAN PRIVATE PORTS AND TERMINALS AND ANR.
..... Petitioners
Through: Mr.Dheeraj Nair, Advocate with
Mr.Angad Baxi, Advocate.
Versus
UOI AND ORS. ..... Respondents
Through: Mr.Anurag Ahluwalia, CGSC with
Ms.Shweta Kumar and Mr.Ajaydal
Singh Sirohi, Advocates for R-1.
Mr. Kishan Rawat, Advocate with
Mr. Ishan Narain and Mr. Rajan
Narain, Advocates for respondent
No.2.
% Date of Decision: 3rd February, 2023
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
MANMOHAN, J: (ORAL)
1. Today, Mr.Anurag Ahluwalia, learned counsel for the respondent
No.1/ Union of India (Ministry of Port, Shipping and Waterways) has
handed over an updated status report dated 3rd February, 2023. The same is
taken on record and it reads as under:-
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:06.02.2023
Neutral Citation Number: 2023/DHC/000831
"Out of the 5 BOT operators who have approached various High
Courts challenging the TAMP Orders, one of the BOT operator at JNPT
viz., GTIPL has approached the Conciliation and Settlement Committee
(CSC) constituted by the Indian Ports Association (IPA), seeking remedy to
its grievances so as to decide upon the assessment and treatment of past
period surplus.
The CSC is headed by ex-Secretary of Ministry of Shipping Shri.
Gopal Krishna. The other members of the CSC are Shri. Shambu Singh, ex-
special Secretary & Financial Advisor of Ministry of Shipping and Shri.
Chandramouli, ex-Secretary of DoPT.
The CSC held consultations with GTIPL, JNPA and TAMP. The CSC
has formulated a draft Settlement Agreement. The same was forwarded to
Tariff Authority For Major Ports (TAMP) by JNPA for its comments. A copy
of the Revised Settlement Agreement as forwarded by JNPA is attached as
Annex. The JNPA has forwarded the Revised Settlement Agreement of CSC
to the Ministry for its NOC.
TAMP vide its email dated 13.01.2023, in response to Ministry's
email dated 12.01.2023 has informed that in Settlement Agreement, the
Revenue share has been treated as an item of cost/ pass through in the
exercise of determination of the past period surplus which is not in line with
Ministry's direction of 29 July 2003, (copy attached), 2005 Tariff Guidelines
as well Licence Agreement entered between JNPA and GTIPL. Accordingly,
further clarification has been sought from TAMP vide ministry's email dated
02.02.2023 for further necessary action in the matter."
Learned counsel for the respondent No.1 has handed over the
Ministry's e-mail dated 2nd February, 2023 to learned counsel for respondent
No.2. He states that the respondent No.2 shall send its comments to the
Ministry forthwith.
Learned counsel for the petitioners reiterates that the petitioners are
willing to withdraw the present writ petition if the respondents give an
undertaking to this Court that the conciliation proceedings initiated by them
shall be completed in a time bound manner.
Keeping in view the aforesaid, the respondents are directed to
conclude the conciliation proceedings within a period of six months from
today. It is clarified that the petitioners would be at liberty to file appropriate
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:06.02.2023
Neutral Citation Number: 2023/DHC/000831
legal proceedings in case they are aggrieved by the decision of the
Conciliation and Settlement Committee.
With the aforesaid direction and liberty, the present writ petition
along with application stands disposed of. This Court clarifies that it has not
expressed any opinion on the merits of the controversy. The rights and
contentions of all the parties are left open.
MANMOHAN, J
SAURABH BANERJEE, J
FEBRUARY 3, 2023/TS
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:06.02.2023
