SC dis­misses NGO’s plea for can­celling lease of Kandla Port land for firm

The SC said no prej­u­dice was caused to the pe­ti­tioner NGO -- Cen­tre for Pub­lic In­ter­est Lit­i­ga­tion (CPIL), and asked it to move the Gu­jarat High Court

The Hitavada - - NATION -

NEW DELHI, Jan 13 (PTI)

THE Supreme Court has re­fused to in­ter­fere with a Delhi High Court order hold­ing as not main­tain­able a PIL seek­ing can­cel­la­tion of a lease award­ing 50 acres of land at the Kandla Port in Gu­jarat to a pri­vate firm, due to lack of ter­ri­to­rial ju­ris­dic­tion.

A bench headed by Chief Jus­tice Ran­jan Go­goi said no prej­u­dice was caused to the pe­ti­tioner NGO -- Cen­tre for Pub­lic In­ter­est Lit­i­ga­tion (CPIL) -- by ask­ing it to move the Gu­jarat High Court.

“We are not in­clined to in­ter­fere with the order im­pugned in the spe­cial leave pe­ti­tion as, in our con­sid­ered view, no prej­u­dice has been caused by re­quir­ing the pe­ti­tioner to move the ap­pro­pri­ate ju­ris­dic­tion i.e the High Court of Gu­jarat, rais­ing its griev­ance un­der the same sub­ject mat­ter be­fore the said High Court. The spe­cial leave pe­ti­tion is, ac­cord­ingly, dis­missed,” the bench, also com­pris­ing Jus­tice S K Kaul, said.

The High Court, on Oc­to­ber 1 last year, had said no part of the cause of ac­tion had arisen within its ter­ri­to­rial ju­ris­dic­tion and granted lib­erty to the pe­ti­tioner NGO to ap­proach the ap­pro­pri­ate fo­rum in ac­cor­dance with law.

The bench had passed the order on the main­tain­abil­ity of a plea by the NGO, al­leg­ing that the Kandla Port Trust (KPT), now known as the Deen­dayal Port Trust, had over­val­ued the struc­tures set up at the site by a firm -- Friends Salt Works and Al­lied In­dus­tries (FSWAI) -- when it had leased the land in the past, to en­sure that only the said firm got the con­tract.

The bench had noted that the ten­der was is­sued from Gand­hid­ham and the land was sit­u­ated at Kutch in Gu­jarat.

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