Plea before Supreme Court on Centre's jurisdiction to allow operator to ply vessel on inter-state waterway

The Supreme Court recently issued notice to the State of Jharkhand and the Union government's Inland Waterways Authority of India (IWAI) in a matter pertaining to the power and authority of the Central and State governments to grant permission to ply vessels in inland waterways [Sahibganj Nav Yatayat Sahyog Samiti Ltd vs State of Jharkhand]..A Bench of Justices Sanjay Kishan Kaul and MM Sundresh was hearing a plea by Sahibganj Nav Yatayat Sahyog Samiti Ltd stating that the Central government had no jurisdiction to issue a no-objection certificate (NOC) to a private operator to ply vessel through an inter-state waterway, since it is not a national waterway..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..After the State government restrained Jai Bajrang Walee, the operator challenged it before the Commissioner who allowed the vessels to ply. The State the moved a revenue appeal against the commissioner's order which is now pending, the plea pointed out,Later, the authorities issued two letters restraining Jai Bajrang Walee from operating vessels which came to be challenged before the Jharkhand High Court. The plea was dismissed by a single-judge but overturned by a Division Bench of the High Court. The appellant was not made a party to that plea and the order is causing monetary loss to petitioner, it as pointed out..The appellant argued that Section 14 of the Inland Waterways Authority of India Act does not empower the IWAI to issue permit to Jai Bajrang Balee to ply vessels in the Sahibganj-Manihari waterway which is not a national waterway.The plea filed through Advocate-On-Record Alakh Alok Srivastava further said that the IWAI has categorically admitted in its counter-affidavit that the Sahibganj-Manihari waterway is not a national waterway.."Jai Bajrang Walee did not take any step to setup any infrastructure at the said place. Thus, the NOC issued by the IWAI cannot be construed to have empowered it to ply its vessels on the said waterway. However, the Hon’ble Division Bench erroneously ignored it," the plea before the top court said.The plea will now be taken up after two months..[Read Order]