VidhiSangh

Supreme Court of India · 02/04/2025

NEW MANGALORE PORT TRUST & ANR. versus CLIFFORD D SOUZA ETC. ETC.

[2025] 5 S.C.R. 177 · 2025 INSC 440

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Summary

The Supreme Court held that where a port licensee, in reply to a demand for arrears of revised licence fee made within three years, objected only that payment should await the outcome of its pending intra-court appeal, that reply was an acknowledgment of liability under Section 18 of the Limitation Act (Explanation (a)) which extended limitation, so recovery proceedings under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 were not time-barred; the port's writ petitions were restored to be decided after the pending appeals on retrospective revision of the tariff.

Issues

  1. Whether the Supreme Court could consider the Port Trust's plea under Section 18 of the Limitation Act, raised for the first time in oral argument, and the licensees' plea of limitation, raised for the first time in the appeal under Section 9 of the PP Act.
  2. Whether, once the Limitation Act applies to proceedings under Section 7 of the PP Act (as held in NDMC v. Kalu Ram), Section 18 of that Act also applies to extend the three-year period under Article 52 of the Schedule.
  3. Whether the licensees' replies objecting to the demand only on the ground that their intra-court appeals against the retrospective tariff revision were pending amounted to an acknowledgment of liability in writing.
  4. Whether the High Court ought to have decided the Port Trust's writ petitions while the licensees' intra-court appeals on the retrospective applicability of the tariff notification were pending.

Provisions considered

Held

Result

Appeals allowed; High Court order dated 22.11.2019 set aside; the Port Trust's writ petitions restored to the High Court to be heard after disposal of the licensees' pending intra-court appeals, with the demands to be withdrawn if those appeals are allowed and to be paid with admissible interest if they are dismissed.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 177.