Mumbai: The Bombay high court has rejected a petition seeking to stay a new system of cargo container disposal at Jawaharlal Nehru Port Trust (JNPT) on the grounds that it was a policy decision and the interest of a few could not prevail over the interest of the public. The petition filed by truckers and an importer had claimed that the tender undermined their constitutional right to chose who to do business with and the JNPT tender discriminated against them.
A division bench of justices Anoop Mohta and Anuja Prabhudessai was hearing a writ petition filed by the Maharashtra Heavy Vehicles and Interstate Container Operators Association and an importer, challenging the JNPT tender which stated that only those truck owners that have a stipulated number of trucks could offer services at the port. The tender had also restricted the routes on which the truckers could operate. Aggrieved by the conditions of the tender, the association and importer had sought its quashing on the grounds that it was against their interests and a detriment to their livelihood.
The counsel for the association, advocate Sujay Kantawala argued that JNPT had authority within the port premises only and could not dictate what routes the trucks should ply. He had further said, if the tender was allowed, hundreds of truckers having 5-10 trucks would be left without a livelihood and that would be a violation of their constitutional right.
However, counsel for the port, advocate Vikram Nankani had contended that as the tender aimed to streamline the process of clearing containers and decongesting the port within the framework laid down by the centre, the tender was an out of the box solution and hence should be allowed.
The bench said that as the stage of submission of tender had not proceeded ‘the assumption and presumption at the instance of transporters, manufacturers and/or importers, is unacceptable.’
