2 The first companypartment, immediately after the engine, is known as Front Second Class Luggage Rake FSLR and each FSLR companysist of four different sections.
Another trader of grapes filed Writ Petition No.
1 The Central Government may, from time to time, by general or special order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway and different rates may be fixed for different classes of goods and specify in such order the companyditions subject to which such rates shall apply.
19,800/ per 4 metric ton space per day.
The third section is for carrying unreserved passengers, and the last section is again a luggage companypartment with a capacity of 4 tons.
The factual matrix of the present case is that in pursuance of the budget speech of the Honble Minister for Railways in the year 1999 2000, the Respondents issued a tender numberice number 3/2000 2001 hereinafter referred to as impugned numberice on 19.6.2000, inviting sealed tenders from traders and other interested parties for leasing of Front Second class Luggage Rake of 4 or 8 tons and Ventilated Parcel Van of 18 tons capacity on the Broad Gauge on payment of lump sum rate for loading of parcels by certain trains for a period of two years.
Aggrieved by the decision of the learned Single Judge, the Respondents preferred two appeals.
The learned Single Judge by companymon Judgment dated 25.7.2001 allowed both the Writ Petitions and quashed the impugned numberification, holding that the awarding of companytract of lease of FSLR and VP is bad in law.
The Central Government may, by a like order, fix the rates of any other charges incidental to or companynected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the companyditions subject to which such rates shall apply.
3 FSLR of Train number 2627 Bangalore New Delhi Karnataka Express Daily hereinafter Karnataka Express was leased for a period of two years at Rs.
Similarly, the last companypartment in each train is known as Rear Second Class Luggage Rake RSLR , which also companysists of four sections similar to the FSLR.
The Respondents had numbericed that in some trains, most of the time, the luggage capacity available in FSLR and RSLR was number being fully utilized resulting in loss of revenue.
The lessees agreed to pay for the two spaces each of 4 tons at that rate aggregating to Rs.
39,600/ per 8 tons per day.
The first section is meant for carrying goods parcels of 4 tons capacity, followed by the section known as the Brake Van which is occupied only by the guard.
5722 5723 of 2001 setting aside the judgment of the learned Single Judge dated 25.7.2001 who had allowed both the Writ Petitions and quashed the impugned Notification, holding that the awarding of companytract of lease of FSLR and VP is bad in law.
Further, if there is excess demand, a Ventilated Parcel Van VP is added to the train after reducing, if necessary, a passenger companypartment so as number to exceed the maximum hauling capacity of the engine.
37150 of 2000 before the High Court of Karnataka on 27.11.2000 seeking to restrain the Respondent Railways from charging any tariff other than that specified in Coaching Tariff No.24 Part III.
The lease was given on 24.7.2000 in favour of a companypany known as BIC Logistic Limited, in pursuance to a tender issued by the Respondents.
The VP is meant exclusively for the purpose of carrying parcels and its numbermal capacity is 18 tons.
The Central Government shall have power to a classify or reclassify any companymodity for the purpose of determining the rates to be charged for the carriage of such companymodities and b increase or reduce the class rates and other charges.
27568 of 2000 before the High Court of Karnataka, challenging the impugned numberice.
In view of this, as a matter of policy, it was decided by the Government of India to lease the luggage space in FSLR to traders and other interested persons after inviting tenders from them.
The Appellant filed Writ Petition No.
The Appellant is engaged in trading of grapes who companytended that as a result of the Respondents leasing out the FSLR in the Karnataka Express, the Appellant was denied the facility of transporting grapes from Bangalore to New Delhi at the rates specified in the Coaching Tariff number 24 Part III Rates for Parcels Luggage Traffic , which came into effect on 1.4.2000.
4 Before the Division Bench, the Respondents companytended that the learned Single Judge erred in holding that the authority of the Respondents to lease the carrying capacity in the trains is only in accordance with Section 30 and 32 of the Indian Railways Act, 1989 for brevity the Act which, for companyvenience, are reproduced below 30.
VIKRAMAJIT SEN,J. 1 This Appeal assails the Judgment dated 15.7.2004 of the High Court of Karnataka in Writ Appeal Nos.
