Herald: High Court gives temporary relief to the SWPL
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High Court gives temporary relief to the SWPL

13 Jan 2018 06:44am IST

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13 Jan 2018 06:44am IST

Report by
Team Herald

In interim order HC allows ships that have already sailed for Goa to berth at MPT

PANJIM: The High Court of Bombay at Goa on Friday, by way of an interim order has allowed South West Port Limited to berth vessels at 5A and 6A of Mormugao Port Trust (MPT) that have already sailed for Goa. However, the Court said that SWPL shall not exceed the capacity under Clause 2 of Consent to Operate dated July 21, 2017. 

“That only those vessels, which have already sailed from their respective destinations and which are likely to arrive as per the statement given at page 233 of the petition, excluding the last named three vessels, shall be permitted to berth at Berth No. 5A and 6A and the petitioner shall be permitted to handle, offload and transport the coal/coal cargo, which shall arrive in those vessels”, the Court order states.

The Court said that SWPL can submit an application before Goa State Pollution Control Board seeking variation/modification of the Consent to Operate order by which consent to operate was granted or to make a fresh application to the board for fresh consent to operate. 

SWPL, a company owned by infrastructure giant JSW handling coal at MPT, had approached the High Court challenging the order of withdrawal of consent by GSPCB for handling coal. 

SWPL, in its petition, pleaded that the GSPCB order of January 9 be quashed and set aside and sought interim relief pending final disposal of the petition. 

SWPL has sought relaxation and pleaded that the court issue a writ or directions to allow the berthing and unloading of vessels at the berth numbers 5A and 6A of the MPT and further transportation of unloaded cargo on terms and conditions as deemed fit.

GSPCB at its meeting on January 8 revoked the Consent to Operate granted to SWPL, thereby suspending its coal handling facility at Berth numbers 5A and 6A at MPT with immediate effect, for being involved in handling coal in excess of the permitted amount .

SWPL has, however, been granted 15 days to transport the existing cargo lying at the two berths. 

The Board took the decision to withdraw the consent to operate after finding that SWPL committed a gross breach of the consent condition granted to it on July 21, 2017, by virtue of having handled 10.112 million tonnes of coal/coke during 2016-17. The Board had permitted the unit to handle only 4.125 million tonnes of coal in 2016-17.

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