LexM/S. R. K. INDUSTRIES (UNIT-II) LLP versus S.C/S.T SHIPBREAKERS ASSOCIATION & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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M/S. R. K. INDUSTRIES (UNIT-II) LLP
v.
S.C/S.T SHIPBREAKERS ASSOCIATION & ORS.
(Civil Appeal No.5609 of 2019)
JULY 16, 2019
[R.F. NARIMAN, SANJIV KHANNA AND SURYA KANT, JJ.]
Gujarat Maritime Board (Conditions and Procedures for
Granting Permission for Utilizing Ship Recycling Plots) Ship
Recycling Regulations, 2015:
Clause 5.4 – Allocation of plots for reserved categories –
Whether reservation to be given out of the total plots or only out of
the plots that were sought to be auctioned – Held: If clause 5.4 is
interpreted keeping in view the context of Clauses 5.1 and 5.2, the
expression “the plots” contained in clause 5.4 has reference only
to plots that are sought to be auctioned – Therefore, reservation is
to take place out of the plots sought to be auctioned and not out of
the total plots.
Allowing the appeal, the Court
HELD: 1. The marginal note of clause 5.4 of the Gujarat
Maritime Board (Conditions and Procedures for Granting
Permission for Utilizing Ship Recycling Plots) Ship Recycling
Regulations, 2015 indicates the drift of the provision as
“Allocation for the reserved categories”. If one would ask the
question as to what is to be allocated, the answer is to be found in
clause 5.1 and 5.2. What is to be allocated, therefore, is only
plots which are newly developed; plots which are already vacant;
and plots which have fallen vacant on account of cancellation/
termination of the permission. Clause 5.2 is even more explicit
in its language. In that it states “All such plots” are to be
auctioned. Once clause 5.4 is interpreted keeping in view the
context of clauses 5.1 and 5.2, it is obvious that the expression
“the plots” contained in clause 5.4 has reference only to plots
that are to be auctioned, which are mentioned in clauses 5.1 and
5.2. Once this is so, the expression “plots” must take colour
[2019] 10 S.C.R. 295
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SUPREME COURT REPORTS
[2019] 10 S.C.R.
from the context in which it is placed. Indeed, the definition
clause is itself expressly subject to context to the contrary.
Therefore, the opinion of the High Court that reservation is to
take place only out of the total plots and not the plots to be
auctioned, cannot be agreed to. [Paras 16, 17 and 18] [302-D-G]
2. In the case of reservation of vacant plots of a smaller
number that are put to auction, it is for the Board to work the
reservation policy contained in the 2015 Regulations in a non-
arbitrary fashion, giving effect to reservation. The judgment of
the High Court is set aside. However, it is made clear that there
being no challenge by any General candidate to the reservation
made out of the eight plots of six plots in favour of SC and ST
candidates, this reservation will continue only for the purpose of
the auction of eight plots. All future tenders/auctions will abide
by the interpretation given in this judgment. [Para 18][303-A-B]
CIVIL APPELLATE JURISDICTION: Civil Appeal No.5609 of
2019
From the Judgment and Order dated 16.04.2018 of the High Court
of Gujarat at Ahmedabad in Special Civil Application No. 5509 of 2017
Shekhar Naphade, Sr. Adv., Kunal Cheema, Ms. Aditi Parkhi,
Abhikalp P. Singh, Ms. Laxmi S. Iyer, Advs. for the Appellant.
Tushar Mehta, SG, Anupam Lal Das, Sr. Adv., Rajendra Singhvi,
K. K. L. Gautam, Ms. Arundhati Chakraborty, Sanjeev Malhotra,
Gursharan Virk, Nakul Mohta, Ms. Misha Rohatgi, Lalit Mohan, Apoorv
Shukla, Anirudh Singh, Krishanu Barua, Ms. Prabhleen Kaur, Advs. for
the Respondents.
The Judgment of the Court was delivered by
R. F. NARIMAN, J. 1. Leave granted.
2. The challenge in the instant appeal is by a person who was not
a party before the High Court. The reason why we have heard Mr.
Shekhar Naphade, learned senior counsel appearing on behalf of the
appellant, and why we have given his client leave to appeal, is only to set
right the interpretation to The Gujarat Maritime Board (Conditions &
Procedures for granting permission for Utilizing Ship Recycling Plots)
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Ship Recycling Regulations, 2015 (hereinafter referred to as ‘2015
Regulations’ for brevity).
3. The skeletal facts necessary to decide this case are as follows:
4. In February, 2017, the Gujarat Maritime Board issued a tender
for auction of eight vacant plots at Alang-Sosiya Ship Recycling Yard,
District Bhavnagar, for the reasons best known to it, as it chose to do so
despite the fact that on this date, 20 vacant plots were available for
auction. Considering the 20Excerpt shown. Read the full judgment & AI analysis in Lexace.