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april 2009

Supreme Court of India · 2009-04-22

M/S. Delta Engineers vs State Of Goa & Ors

Citation / case number
2009 AIR SCW 4319
Court
Supreme Court of India
Petitioner
M/S. Delta Engineers
Respondent
State Of Goa & Ors
Author
R.V.Raveendran
Bench
Lokeshwar Singh Panta, R V Raveendran

Judgment text excerpt

The Supreme Court upheld the validity of the Goa Ports (Amendment) Rules, 1992 and 1994, affirming that the Port Authorities are entitled to levy rental charges for the use of riverine land as defined under Rule 64 of the Goa, Daman and Diu Port Rules, 1983. The Court clarified that the term 'open land' encompasses riverine areas, and thus, the appellant's claim of non-liability for rental charges was dismissed. The Court also rejected the appellant's challenge to the amendments as ultra vires the Indian Ports Act, 1908, leading to the dismissal of the writ petition.

M/S. Delta Engineers vs State Of Goa & Ors · Niyam