Some years later, the Captain of Ports issued a show cause numberice dated 15.5.1992 alleging that the appellant was using government riverine land for the workshop without paying the prescribed rental charges, in spite of demand letter dated 15.11.1989, and therefore, the appellant should show cause why the NOC issued to it on 25.7.1983 for setting up the workshop, which was being renewed every year, should number be revoked or withdrawn for number payment of the outstanding rental charges for use of the government riverine land from 1983.
The High Court by a companymon order dated 11.4.2001, dismissed the appellants writ petition and other similar petitions.
The Captain of Ports sent a reply dated 15.11.1989 calling upon the appellant to settle the outstanding dues rental charges for use of river area adjoining the workshop before companysidering the request for issue of a modified NOC.
Consequently, the barge under repair moored alongside the river bank, would settle on the riverbed during low tide and rise with the water during high tide.
The said judgment is challenged in this appeal by special leave.
Appellant opened its workshop in the year 1983, after securing a NOC dated 25.7.1983 from the Captain of Ports, Government of Goa.
On 29.8.1989, the appellant sought an amendment to NOC seeking permission to manufacture fishing trawlers etc.
The Zuari being a tidal river, the water level therein recedes during low tide and rises back during high tide.
In view of the said threat, the appellant, without prejudice to its rights and under protest, sent a payment of Rs.145000/ on 25.9.1995 stating that the amount paid was calculated with reference to the use of 1000 sq.m.
It therefore prayed a for a declaration that the Goa Ports Amendment Rules, 1992 and Rule 54A of the Goa Ports Amendment Rules, 1994 were ultra vires the Indian Ports Act, 1908 b for quashing the demand for rental charges by letter dated 1.11.1993 and c for a direction to the respondents to refund the amounts paid by appellant towards rental dues.
Alternatively, it companytended that even if the said Amendment Rules were valid and there was any liability under the said Rules, the rental charges would be payable only from 3.3.1994 when the 1994 amendment to the said rules came into force.
By letter dated 1.11.1993, the Captain of Ports informed the appellant that unless there was companypliance with the demand, action will be taken to revoke the NOC and evict the appellant.
About 1300 sq.
Appellant replied on 27.11.1989 stating that it was number using any government land to repair barges, and all its activities were carried on within its own plot and therefore the question of any dues did number arise.
Appellants workshop falls under the second category as it undertakes repair of barges only when the barge is floating above the waterline.
of the river area adjoining the workshop is used by the anchored barge under repair.
The Rules were amended by the Amendment Rules, 1992, whereby item 4 A iv of Entry 21 of the First Schedule relating to open plots, was amended to include the words and or open riverine land after the words open plots.
The demand was reiterated on 13.7.1992.
The said NOC was renewed every year.
It challenges the validity of the amendments to Goa, Daman Diu Port Rules, 1983, providing for payment of rental charges.
of river area.
The appellant filed W.P. No.131/1996 companytending that it was number liable to pay any rent and the demand was illegal.
