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2021 Supreme(Cal) 210

SABYASACHI BHATTACHARYYA
Prabir Kumar Dhali – Appellant
Versus
Kolkata Port Trust – Respondent


Advocates Appeared:
Sabyasachi Choudhury, Advocate, Saptarshi Banerjee, Advocate, Satadru Lahiri, Advocate, Anirban Roy, Advocate, Ashok Kumar Jena, Advocate, Avinash Kankani, Advocate, Mainak Ganguly, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - The dispute revolves around a decision taken by the Kolkata Port Trust, KoPT in short (respondent no.1), to increase the maximum permissible beam width for vessels at the Netaji Subhas Dock (NSD) from the previous existing width of 80 ft. to 82 ft. The petitioners argue that, before taking such drastic decision, particularly considering that the admitted lock gate width is 90 ft., without any scientific study or data analysis, subjects the petitioners and other dock workers to unnecessary risk of life and limb. Learned counsel for the petitioner argues that the existing permissible beam width of 80ft. at the NSD already covers 89 per cent of the lock width, which is one of the highest in the world. 82 ft. would take it to about 91 per cent.

2. Secondly, learned counsel for the petitioners submits that a six-member committee was formed by the Director, Marine Department, KoPT on June 1, 2018, comprised of the Director himself, Harbour Master (Port), Deputy and Assistant Dock Masters and Senior Dock Pilot to identify the issues that needed to be addressed for taking vessels in excess of the then existing maximum permissible limit of 80 ft. but n

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