The appellant-society had procured settlement rights for the Sahibganj–Manihari inter-state ferry through public auction on payment of substantial revenue to the State of Jharkhand, and secured exclusive rights to ply vessel on that route.
However, at the same time, the IWAI had allowed Jai Bajrang Walee operator to ply on the same route of Sahibganj to Manihari on national waterway 1 subject to permission from the State government.
The appellant submitted that the Sahibganj–Manihari inter-state waterway is not notified as a national waterway and thus the NOC issued by the IWAI was per se devoid of jurisdiction.
The appellant also contended that while the NOC was granted subject to obtaining permission from State authorities, Jai Bajrang Walee started plying its vessels between Sahebganj and Manihari, without obtaining such permission.
This caused loss of revenue to the State of Jharkhand and monetary loss to the petitioner.
It is also posing risk to the safety of the passengers being plied by the petitioner across the river Ganga, the plea said.
Source: Barandbench
