5.3 Tender cum Auction The upset price for tender cum auction will be Rs.540/ per sqm per year.
LPW 1290 25435 GH dated 3rd August, 1992 and Government of Gujarat, Port Fisheries Department Resolution No.
5609 OF 2019 Arising out of SLP C No.
5609 OF 2019 Arising out of SLP C No.
2 LPW 1290 25435 GH dated 3rd August, 1992 shall be treated as forming part of these Regulations Scheduled Caste Scheduled Tribe applicants included in the list from category in Regulation 4, shall be permitted to utilize plots on reservation basis on fulfillment of terms and companyditions specified in those Regulations and in the Schedule hereto and thereafter, other applicants of SC ST categories, permission for utilizing the plots shall be granted on tender cum auction basis.
CIVIL APPEAL NO.
Explanation for the purpose of these Regulations before calculating 7 for the Co operative Societies belonging to the members of Scheduled Caste and 14 for the Cooperative Societies belonging to the members of Scheduled Tribe categories, the Chief Executive Officer Vice Chairman shall reserve 10 plots for granting permission for ship recycling activities on ship to ship basis as provided in Regulation herein above.
This situation obtained until the present 2015 Regulations were enacted, substituting the 2006 Regulations.
What is relevant for our purpose are paragraphs 5.1 to 5.4 which read as under 5.1 The Chief Executive Officer may grant permission to use plots for ship recycling in respect of a. a plot which is newly developed b. a plot which his vacant c. a plot which has fallen vacant on account of cancellation termination of the permission.
27765 of 2018 would show that reservations were to be based only on three categories of plots viz.,
By these Regulations, a new Chapter 5 was inserted.
A reading of these Regulations would show, therefore, that reservation at this juncture, was number from out of the total number of plots but only of the three categories mentioned hereinabove.
A perusal of paragraph 9 of the 1994 Regulations CIVIL APPEAL NO.
WKS 1099 CM, MLA 82 17 GH dated 4/1/2000 shall be treated as forming part of these Regulations.
All the terms and companyditions specified in the Government of Gujarat, Roads Buildings Department Vernacular Resolution No.
those that were vacant on 03.08.1992 or those that fell vacant thereafter or any new plot which is developed thereafter.
The vital change is companytained in the opening words of clause 9 which states Out of total plots.
All the terms and companyditions specified in the Government of Gujarat, Roads Buildings Department Vernaculars Resolution No.
5.2 Procedure All such plots, shall be offered for use for ship recycling after following the procedure of Tender cum Auction.
27765 of 2018 The scheme of these Regulations would clearly show that there has been a vital change in the reservation policy insofar as vacant plots to be auctioned are companycerned.
In these Regulations, paragraph 9 laid down reservation for ST and SC candidates as follows Out of plots which were vacant as on 3 rd August, 1992 or fell vacant thereafter, or any new plot which is developed thereafter 7 per cent of these plots shall be reserved for granting permission to Co operative Societies all of whose members belong to Scheduled Castes, and 14 plots shall be reserved for Co operative Societies all of whose members belong to Scheduled Tribes.
F. NARIMAN, J. Leave granted.
The challenge in the instant appeal is by a person who was number a party before the High Court.
The 1994 Regulations were supplanted by the Gujarat Maritime Board Conditions and Procedures for granting permission for Utilising Shipbreaking Plots Regulations, 2006 hereinafter referred to as 2006 Regulations for brevity by clause 9 by which reservations for plots were made as follows Out of total plots 7 per cent of these plots shall be reserved for granting permission to Co operative Societies of all of whose members belong to Scheduled Castes, and 14 plots shall be reserved for Co operative Societies of all of whose members belong to Scheduled Tribes.
The terms and companyditions of the tender document shall be fixed by the Board.
5.4 Allocation for the Reserved Categories 7 and 14 of the plots shall be reserved for Scheduled Castes and Scheduled Tribes respectively for granting permission for utilization of ship recycling plots.
