VidhiSangh

Supreme Court of India · 16/07/2019

M/S. R. K. INDUSTRIES (UNIT-II) LLP versus S.C/S.T SHIPBREAKERS ASSOCIATION & ORS.

[2019] 10 S.C.R. 295 · 2019 INSC 768

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Summary

Reservation under the Gujarat Maritime Board’s 2015 ship-recycling regulations applied to plots offered for auction, not the entire stock of plots. The allocation clause took its meaning from the immediately preceding provisions concerning newly developed and vacant plots, and deliberately omitted the earlier regulations’ reference to total plots. The existing reservation of six of eight auction plots was preserved for that auction alone because no general-category candidate had challenged it.

Issues

  1. Whether the reserved percentages applied to all plots or the plots offered for auction under the 2015 regulations.
  2. How the interpretation affected the existing auction and the appellant’s individual claims.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside. Existing six-of-eight reservation preserved for that auction only; future auctions to follow this interpretation. Interim protection continued for four weeks; individual claims and the Board’s defences left open.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 295.