ORDER :

A short point that arises for consideration in these writ petitions revolves around limitation for recovery of pre-fixed ‘service charges’ from petitioners by respondent under The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short ‘Act’) namely;

“Whether New Mangalore Port Trust (NMPT) was entitled to recover arrears of rent for the period 20.02.2007 ending upto 31.12.2010 by issuing notices of demand dated 12.08.2015?”

BRIEF BACKGROUND OF THE CASE:

2. The New Mangalore Port Trust (for short ‘NMPT’) established under the Major Port Trusts Act, 1963 enables the said Port to administer, control and manage the matters connected therewith.

3. Respondents in all these petitions were allotted certain area of the unpaved land belonging to the NMPT on a monthly licence fee basis. Respondents had applied to NMPT for allotment of port land for storage of transit cargo as and when required by providing required details of cargo, ship name, importers/exporters name, area required etc. On the basis of such application, NMPT was allotting port land to the applicant