Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: s.5 Indian Ports Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Ports Act, 1908 (15 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Ports Act, 1908: s.5 – Notification under – By State Government – For expansion of port limits – Challenged by appellant-Company (who was using a captive jetty) stating that the expansion would affect the lands reclaimed or to be reclaimed by them – Petition dismissed by High Court – On appeal, held: The Notification for expansion of Port limits issued u/s. 5 was in public interest and hence was not ultra vires s. 5 – The alteration/expansion of the limits of the Port cannot be said to affect appellant-Company’s rights qua reclaimed lands as the lands were reclaimed illegally i.e. without prior permission under s.35(1) of Gujarat Maritime Board Act – In the facts of the case the appellant-Company cannot be said to have legitimate expectation – The land reclaimed by the appellantCompany not only belonged to the State Government, but the same also could be utilized by Maritime Board for any purpose – Therefore, appellant-Company has no right to private property – Thus, the Notification also does not affect any rights of the appellantCompany to private property – Gujarat Maritime Board Act, 1981 – s.35(1) – Gujarat Infrastructure Development Act, 1999 – ss. 8, 9 and 10 – Doctrine of Legitimate expectation. Gujarat Maritime Board Act, 1981: |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2018 INSC 187 |
Petitioner | Essar Bulk Terminal Limited & Anr |
Respondent | State Of Gujarat & Ors |
SCR | [2018] 2 S.C.R. 335 |
Judgement Date | 2018-02-22 |
Case Number | 2406 |
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