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TMI Blog2013 (1) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... s that no person authorized under sub-section (3) shall charge or recover for such service any sum in excess of the amount specified by the Authority, by notification in the Official Gazette. Thus find no infraction of the above provision as the TAMP Order is issued from time to time invoking the above provision of law. On a reading of clause 3.12.11 of the TAMP order dated 15.5.2009, the respondents 4 and 5 are justified in demanding the storage charges because it is on the basis of the order of the Tariff Authority for Major Ports. They are not demanding anything in excess other than what has been specified in the TAMP Order. Therefore, the said plea has no basis. Petitioner relied upon section 61 of the Major Port Trusts Act, 1963 which deals with sale of goods after two months if the rates or rent are not paid or lien for freight is not discharged. Section 62 of the Major Port Trusts Act, 1963 deals with disposal of goods not removed from premises of within time limit. These two provisions are relatable to the third respondent. No specific relief is sought for against the third respondent, in terms of Section 61 or 62 of the Major Port Trusts Act, 1963 - Petitioner's ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. In execution of this project, they are given the right to collect the storage charges from the container owners as the case may be. The scales of rates for levy on use of the container terminal by the container's operators has been fixed by the Tariff Authority for Major Ports (in short TAMP ) in exercise of the power conferred under Section 48 of the Major Port Trusts Act, 1963 (Act No.38 of 1963). Notification is issued from time to time fixing the tariff and revising the same. Besides, the order, which is passed from time to time stipulates certain conditions as to how the TAMP order should be implemented. 5. For the purpose of the present case, we are concerned with TAMP order dated 15.5.2009 notified in G.No.85 dated 29.5.2009. Petitioner in this case claims that the cargo which arrived at the containers were abandoned by the owners of the cargo and the containers which were lying at the terminal is suffering tariff charges as per the TAMP Orders in force. It is the case of the petitioner that he informed the fourth respondent about the abandonment of the cargo on 13.1.2012 by letter addressed to the fourth respondent, followed by another letter dated 23.4.2012 addresse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rea and in that case the storage charge shall cease to apply from the date of such removal." 8. It is the case of the petitioner that beyond 75 days, the respondents 4 and 5 who are licensed to operate under the third respondent cannot demand any charges for the container. Therefore, the invoices raised by the respondents 4 and 5 were called in question on the plea that beyond 75 days there is no liability to pay the storage charges. 9. At the time of admission on 16.11.2012, the following interim orders were passed:- "The port storage charges have been demanded in respect of few containers which arrived in the month of May, June and August 2011, on the ground that it has not been cleared within sixty days. The Petitioner relies upon a letter dated 13.01.2012, calling upon the Customs Department to de-stuff the goods and sell the same. No action has been taken either by the Port Trust or by the Customs Department. Therefore, the demand now made by the Port Trust is challenged. The question as to whether the petitioner would be entitled to such a relief will have to be examined after noticing the respondents. 2. Mr.Hara Mohideen Gisti, learned counsel appearing for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 5 is based on the tariff determined by the Tariff Authority for Major Ports in exercise of power under Section 48 of the Major Port Trusts Act, 1963. Section 48 of the Major Port Trusts Act, 1963 reads as follows:- 48. Scales of rates for services performed by Board or other person:- (1) The Authority shall from time to time, by notification in the Official Gazette, frame a scale of rates at which, and a statement of conditions under which, any of the services specified hereunder shall be performed by a Board or any person authorised under section 42 at or in relation to the port or port approaches-- (a) transhipping of passengers or goods between vessels in the port or port approaches; (b) landing and shipping of passengers or goods from or to such vessels to or from any wharf, quay, jetty, pier, dock, berth, mooring, stage or erection, land or building in the possession or occupation of the Board or at any place within the limits of the port or port approaches; (c) cranage or porterage of goods on any such place; (d) wharfage, storage or demurrage of goods on any such place; (e) any other service in respect of vessels, passengers or goods, (2) Di ..... 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