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of <h1>Appeals partly allowed, validating port rule changes; pre-amendment land charges upheld; refund limit set.</h1> <h3>M/s. Delta Engineers Versus State of Goa & Ors.</h3> M/s. Delta Engineers Versus State of Goa & Ors. - 2009 AIR 1062, 2009 (10) SCR 1, 2009 (12) SCC 110, 2009 (9) JT 142, 2009 (8) SCALE 685 Issues Involved:1. Use of government riverine land by the appellant.2. Validity of amendments to the Goa, Daman, and Diu Port Rules, 1983.3. Authority of Port Authorities to demand and recover rental charges before the amendments.4. Retrospective application of rental charges for the period 5.4.1984 to 3.3.1994.Issue-wise Detailed Analysis:Re: Issue (i) - Use of Government Riverine Land:The appellant's workshop, situated on the banks of the river Zuari within Panaji Port limits, used the adjoining river area for berthing and repairing barges. The workshop utilized the river surface during high tides and the riverbed during low tides. This exclusive use of the river and riverbed by the appellant prevented others from using that portion for navigation or mooring. The court found that the term 'landing place' includes any place used for loading/unloading goods or passengers, and thus, the workshop's use of the river and riverbed constituted use of government riverine land.Re: Issues (ii) & (iii) - Validity and Authority of Amendments:Section 6 of the Indian Ports Act, 1908, empowers the government to make rules regulating various activities within port areas, including the use of landing places and fixing rates for their use. The amendments to the Goa, Daman, and Diu Port Rules in 1992 and 1994, which included the terms 'open riverine land' and defined 'government riverine land,' were within the rule-making power of the state. The court held that these amendments were valid and not ultra vires the Act. The port authorities had the authority to levy charges for the use of government riverine land, even before the amendments, as the scope of supervision and control under the Ports Act is broad.Re: Issue (iv) - Retrospective Application of Rental Charges:The court noted that the term 'open plot' did not originally include riverine land, and the amendments in 1992 and 1994 were not merely clarificatory but introduced new provisions for levying charges on riverine land. Consequently, the demand for charges could only be valid from 3.3.1994, when the amendments came into effect. The court ruled that any charges recovered for the period before 3.3.1994 were invalid and should be refunded if recovered within three years prior to the filing of the writ petition. Amounts paid beyond this period were not recoverable due to delay and laches.Conclusion:The appeals were allowed in part. The amendments to the Goa, Daman, and Diu Port Rules, 1983, were upheld. The respondents were barred from demanding or recovering charges for the use of government riverine land before 3.3.1994. Any charges recovered for the period prior to 3.3.1994 within three years before the writ petition must be refunded with interest or adjusted towards future dues at the port authorities' discretion.
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