Full Judgment Text
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PETITIONER:
UNION OF INDIA
Vs.
RESPONDENT:
THE LORD KRISHNA SUGAR MILLS
DATE OF JUDGMENT: 08/04/1999
BENCH:
S. RAJENDRA BABU., S.N.PHUKAN.
JUDGMENT:
S.N. PHUKAN. J
This appeal is preferred by the Union of India
through the General Manager, Northern Railway against the
Judgment and Order dated 30th January, 1982 passed by the
Railway Rates Tribunal, Madras.
A complaint was filed under Section 41(l)(c) of the
Indian Railways Act, 1890 by the respondent regarding the
siding charges levied by the appellant at. the respondent’s
siding at Saharanpur and fixation of maintenance charges of
the siding by the railway. The tribunal framed as many as 7
issues and after elaborate discusion held that the siding
charges and maintenance charges fixed by railway w.e.f
13.03.1980 were unreasonable. Hence the present appeal.
We have heard Ms. Anjani Aiyangiri, learned counsel
for the appellant and Mr. Pradeep Misra, learned counsel
for the respondent.
From the impugned judgment we find that maintenance
charges were fixed at Rs. 4838/- for the period 03.10.80 to
31.03.81 and also for subsequent years.
At the time of argument it was stated before us that
the siding of the respondent was closed down in the year
1996, therefore, these two questions regarding siding
charges and maintenance charges have become academic. The
tribunal fixed the siding charges and maintenance charges
not only on the basis of All ln^ia cost incurred by the
Railway but on the zonal basis. The tribunal had given
elaborate reasons and had also relied on other decisions of
the tribunal.
In view of the fact that the siding was closed down
in the year 1996, both the questions have become
infructuous, therefore, we don’t want to interfere in the
present appeal leaving the question regarding the method of
calculation of siding and maintenance charges open.
In view of the above observations, appeal is
disposed of. The parties to bear their own costs.
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