Section 14 and 26 r/w sec. 2(4), 2(47)
|
নৌ-সংরক্ষন ও পরিচালন এবং পথ
নির্দেশনা ফিস বিধিমালা,
১৯৯০
Rule-2(Ka), 2(Kha), 3
Merchant Shipping Ordinance, 1983
Section 14 and 26 r/w sec. 2(4), 2(47)
Bangladesh Inland Water Transport Authority Ordinance, 1958
Section 19 (3), r/w 19 (2) (VII)
Conservancy fees— It is to be understood by all stakeholders that the
conservancy fees are not punitive measures but rather investments in
sustainable river management. Ship-owners, as beneficiaries of efficient
river navigation, play an essential role in safeguarding these vital
waterways. By recognizing the interconnectedness of rivers, estuaries, and
the open sea, Appellate Division can uphold both economic interests and
environmental well-being. —The case in hand is indeed of such an impact
which as Appellate Division has discussed above manifestly maintained that
the High Court Division was absolutely justified in holding that the Court
of appeal below committed an error of law by allowing the appeal and
thereby declaring the imposition of conservancy fees by section 3 of the
Bidhimala, 1990 illegal and hence cannot be gainsaid that there is a denial
of justice in any manner. The judgment and order passed by the High Court
Division is elaborate, speaking and well composed. This Division is not
inclined to interfere with the same. .....Bangladesh Tailbahi Jahaj Malik
Samity =VS= BIWTA, (Civil), 2024(1) [16 LM (AD) 30]
....View Full Judgment
|
Bangladesh Tailbahi Jahaj Malik Samity =VS= BIWTA |
16 LM (AD) 30 |