Independent processing of hazardous cargo application upheld under cargo regulations despite pending dispute

An application to handle hazardous cargo was held capable of independent processing under the applicable cargo regulations, without being treated as dependent on the impugned communication or the pending litigation. The refusal was based on the view that only the custodian could apply, but the Court accepted the respondent's position that the application could be considered on its own terms under the Handling of Cargo and Customs Area Regulations, 2009. The matter was therefore to be processed strictly in accordance with the regulations and law, and the decision was to be communicated expeditiously.

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Issues: Whether the petitioners' application for permission to handle hazardous cargo could be processed independently of the impugned communication and the pending litigation, in terms of the applicable regulations.

Analysis: The impugned communication refused to process the application on the footing that only the custodian, JNPT, could apply. The Court noted that the controversy need not be examined on the broader merits of the regulations because the immediate question was whether the application could be processed at all. The respondent fairly ed that, under the Handling of Cargo and Customs Area Regulations, 2009, the application could be considered on its own terms, without attaching the label that it must be submitted through JNPT and without being influenced by the pending dispute.

Conclusion: The application was directed to be processed independently of the impugned communication and the pending litigation, strictly in accordance with the regulations and law, and the decision was to be communicated expeditiously.

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