Rajani Associates Advises Tata Power Company Limited in Proceedings Before Bombay High Court Concerning Mumbai Port Authority Charges
Rajani Associates advised Tata Power Company Limited in proceedings before the Bombay High Court concerning retrospective revisions to lease rentals, licence fees and other charges in relation to certain properties of the Mumbai Port Authority.
The dispute arose from Tata Power Company Limited’s lease and use of certain properties of the Mumbai Port Authority, including plots at Sewri and Mahul and facilities relating to its captive coal berth. The Mumbai Port Authority and Tariff Authority for Major Ports subsequently revised the applicable lease rentals, licence fees and other charges retrospectively for the periods 2012–2017 and 2017–2022, pursuant to which demands aggregating to approximately ₹62.08 crore were raised against Tata Power Company Limited.
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Tata Power Company Limited challenged the retrospective revisions and demands, including on the grounds that the rates were exorbitant and arbitrary and were contrary to the principles laid down by the Supreme Court in Jamshed Hormusji Wadia v. Board of Trustees of the Port of Mumbai. The challenge also concerned the valuation methodology adopted by the respondents, consideration of Tata Power’s objections and the opportunity of hearing provided to it.
A further issue before the Bombay High Court concerned the authority of the Tariff Authority for Major Ports to retrospectively fix or implement rates after the Major Port Authorities Act, 2021 came into force and repealed the Major Port Trusts Act, 1963.
Rajani Associates’ role included drafting and filing the Writ Petition, strategising, appearing and assisting counsel before the Bombay High Court. The matter was disposed of on August 25, 2026.
The Rajani Associates team comprised Devesh Juvekar, Senior Partner; Dikshat Mehra, Partner; and Honey Chandani, Associate.
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