Justice HN Devani of the Gujarat high court, on Monday, refused to stay the eviction order issued against holders of leased plots at Kandla Port Trust (KPT). However, the court directed that the status quo be maintained for three weeks so that plot holders can approach the competent forum.
The KPT had issued eviction orders against 40 holders of 100 plots spread over 16,000 acre in response to an order of the Delhi high court. The plots are owned by the KPT authority. The Delhi high court had issued orders to the KPT on a PIL filed by prominent lawyer, Prashant Bhushan.
Last year, the central government had ordered the KPT not to renew the lease of the plot holders. The Union government had decided to act after the Delhi high court ordered a CBI inquiry into the leasing of contracts to plot holders at petty rates. The CBI has filed charge-sheet in a couple of cases in this connection. The Delhi high court had also ordered departmental enquiry in the matter.
“The Gujarat high court has not granted stay on the eviction order issued by the KPT authorities, as was sought by some of the plot holders,” said Dhaval Vyas, counsel for KPT.
“However, the court has directed that status quo be maintained for three weeks so that the parties can approach other forums,” Vyas added.
Earlier, KPT and the Union government had strongly opposed grant of any relief to the plot holders who were doing business on the plots for the last two decades. The KPT submitted before the court that the plot holders had no right to move the Gujarat high court as it had acted as per the order of the Delhi high court.
On the other hand, the lawyers for more than 20 plot holders who had come to the court contended that under the Major Port Trusts Act and Land Policy for Major Ports, 2004 and 2010, “renewal of the existing lease without inviting tenders is not only contemplated, but specifically provided for.”
