HC issues rule on legality of Ctg port tariff hike, directs authorities to dispose container shipping's plea within 15 days

The High Court has issued a rule questioning the legality of the Chattogram Port Authority's (CPA) recently enforced tariff schedule, following a writ petition filed by the Bangladesh Container Shipping Association (BCSA).

A bench comprising Justice Kazi Zinat Hoque and Justice Ainun Nahar Siddiqa passed the order on Tuesday after a preliminary hearing on the petition. 

The court directed the Ministry of Shipping and the Chattogram Port Authority to formally dispose of the BCSA's written plea within 15 days.

The High Court issued the rule asking the respondents – including the Ministry of Shipping, Ministry of Finance, and the CPA – to explain why SRO No. 364-Law/2025, which introduced the new tariff schedule, should not be declared illegal and beyond legal authority.

This indicates that the court has found a prima facie case to examine the validity of the new tariff structure.

Mohammad Forrukh Rahman, lawyer of the petitioner, confirmed the court order. 

"The bench instructed the senior secretary of the Ministry of Shipping and the CPA chairman to resolve the BCSA's 15 October letter within two weeks. That letter contained detailed objections and a formal demand for withdrawal of the disputed SRO", he said.

The dispute centres on the CPA's new tariff schedule with a 41% hike, which took effect on 15 October. 

According to the BCSA, the revision has imposed an "unprecedented and unjustified" rise in operational costs – estimated at around 70% overall.

The new schedule raised various port charges, including berth hire, container handling, storage, and vessel-related fees. The CPA claimed the adjustment was long overdue, saying port tariffs had not been revised in around four decades despite significant rises in operating expenses, equipment costs, and global port service standards.

Port users, however, argue that the hike was excessive and implemented without adequate consultation. Shipping agents, freight forwarders, transport owners, and exporters said the move would severely affect trade competitiveness, increase logistics costs, and ultimately make exports less attractive in the global market.

Several trade bodies – such as the Bangladesh Shipping Agents Association (BSAA), Bangladesh Freight Forwarders Association (BAFFA), and Bangladesh Garment Manufacturers and Exporters Association (BGMEA) – earlier urged the CPA to suspend the hike and conduct a cost-based review involving all stakeholders.

The BCSA sent a letter to CPA on 15 October urging to roll out the recent tariff hike at Chattogram Port in phases, warning that the abrupt increase could weaken Bangladesh's export competitiveness and push cargo to regional ports.

Despite repeated requests, the CPA enforced the new rates through an SRO issued by the shipping ministry on 14 September, drawing sharp criticism from the shipping and export sectors.

BCSA's legal challenge

The BCSA argued in its petition that the tariff increase was arbitrary, introduced without proper stakeholder consultation, and in violation of mandatory statutory notice requirements under the Ports Act of 1908.

The association also claimed that the CPA lacked legal authority to impose the increase without a transparent regulatory process, and that the SRO itself was issued "without lawful jurisdiction."

The case was argued on behalf of the BCSA by Barrister Mohammad Forrukh Rahman, head of chambers at Rahman's Chambers and an advocate of the Supreme Court of Bangladesh.

The Ministry of Shipping and the CPA are now legally bound to respond to the BCSA's claims within the two-week timeframe set by the court. A full hearing on the writ petition's merit is expected to follow.

Although the court has not granted any interim stay – as in, the new tariff remains in force for now – the High Court's rule has effectively brought the legality of the port's tariff hike under judicial scrutiny.

The Bangladesh Container Shipping Association (BCSA) represents container shipping line agents operating in Bangladesh, who collectively handle over 90% of the country's container cargo.