Court Orders Customs Authority to Address Importer Grievances on Facility Notice Implementation

The Court directed the customs authority to address the importer's grievances regarding the implementation of Facility Notice No.69 of 2011, emphasizing the need to resolve practical difficulties faced by importers. While unable to resolve contractual disputes with shipping lines, the Court instructed the competent authority to treat the Petition as a written complaint and make a decision within two months. The Court disposed of the Writ Petition, stressing the importance of promptly resolving importers' issues related to the Facility Notice.

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Issues:
1. Implementation of Facility Notice No.69 of 2011 at Jawaharlal Nehru Customs House, Nhava Sheva.

Analysis:
The Writ Petition under Article 226 of the Constitution of India sought a writ of mandamus or any other appropriate writ to direct the authorities to unconditionally implement and enforce Facility Notice No.69 of 2011. The Petitioner, a long-time importer, faced difficulties as shipping lines refused to abide by the Facility Notice despite its issuance. The Notice allowed importers to choose a Container Freight Station (CFS) of their choice with prior intimation to shipping lines, but compliance was lacking. The Petitioner highlighted the process where shipping lines, not importers, chose the CFS, potentially increasing import costs due to nomination premiums paid by CFS operators to shipping lines. Despite previous judgments addressing similar grievances, the Court acknowledged the need for authorities to address importers' complaints and practical difficulties arising from the Facility Notice.

The Court clarified that it couldn't resolve contractual disputes between the Petitioner and shipping lines but directed the customs authority to consider the Petitioner's grievances outlined in the Writ Petition. Emphasizing the need for authorities to address day-to-day practical difficulties faced by importers due to the Facility Notice, the Court instructed the competent authority or the 2nd Respondent to treat the Petition and its annexures as a written complaint or representation by the Petitioner. The competent authority was mandated to make a decision expeditiously within two months from the date of the Court's order. Consequently, the Court disposed of the Writ Petition with these directions, focusing on the need for prompt resolution of importers' grievances related to the implementation of the Facility Notice.

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