A writ has been filed in High Court challenging the enhancement of entry fee in the launch terminal. In the writ petition there is an appeal to issue rule containing why the enhancement will not be declared illegal and void.
On Monday (Oct.28) the writ was filed in the bench of Justice FRM Nazmul Ahsan and Justice KM Kamrul Quader. The lawyer filing writ Abu Taleb sought permission yesterday for the hearing.
In the writ the Shipping ministry secretary, BIWTA chairman and director (finance), joint director, deputy director(port) and Joint director(Dhaka river port)totaling nine persons were made defendant.
Lawyer Abu Taleb informed that on last September 30 the terminal fee was increased by the office order of BIWTA which got effect from October 1. According to the ordinance of 1958, BIWTA was empowered to increase the fee. Though in the law it is mentioned that to increase fee there must some rules but it is yet to be framed. So BIWTA arbitrarily has increased the fee through office order. They are increasing fees according to their whim. According to the ordinance
the fee fixation must be published through notification, which the organization is not following.
In the writ petition it has been further mentioned that according to the article 83 of the constitution without passing law in the parliament any tax cannot be imposed. But no one knows that how the toll was increased.
Earlier on last October 2 Supreme Court lawyer Abu Taleb sent a legal notice to the authority regarding the matter. Simultaneously it was demanded to enter the terminal without fee. The authority was asked to take steps within 48 hours, but no steps taken so far. So the writ was filed.