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Kerala HC stays collection of new charges at Vallarpadam

KC Gopakumar | | Updated on: Dec 02, 2021
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The stay came on a writ petition challenging the decision to collect new DPD charge and CFS shifting charges by the India Gateway Terminal Private Ltd

The Kerala High Court has stayed for a month the implementation of the orders introducing new Direct Port Delivery charges and CFS shifting charges at the International Container Transshipment Terminal ( ICTT), Vallarpadam, on importers.

The stay came on a writ petition filed by Al-Fas Trading International Private Limited, Thiruvananthapuram, Gratis Interior Solution Private Limited, Ernakulam and Emirates Cements India Pvt Ltd, Malappuram challenging the decision to collect new DPD charge and CFS shifting charges by the India Gateway Terminal Private Ltd which operates the International Container Transshipment Terminal at Vallarpadam.

The petitioner said that the India Gateway Terminal had hurriedly proposed the introduction of the charges, overlooking the objections raised by stakeholders unanimously.

‘Not approved’

The charges have not been approved by the Tariff Authority for Major Ports. In fact, the Authority had sent a communication to the operator cautioning that the charges have not been approved by it.

Though the operator had initially refrained from levying the charges but was now insisting that the petitioners pay the charges, according to the petitioners.

They added that the orders issued by the operators of the ICTT levying charges were wholly illegal and patently without jurisdiction besides being ultra vires the Major Port Trusts Act, 1963 and its successor legislation – the Major Port Authorities Act, 2021.

Published on December 02, 2021

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