HINDALCO INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant-company manufactures Aluminium metal and its semis. The principal raw material is Bauxite. The appellant has its Bauxite mines at Amarkantak, District Sahdol in Madhya Pradesh. It consigns the ore at Pandra Road for carriage to Renukoot siding through the railway route via Katni-Murwara-Singrauli covering South Eastern Railway from Pandra Road to Katni-Murwara, a distance of 217 km; central Railway Katni-Murwara to Singrauli 407 km and Eastern Railway via Singrauli to Renukoot 90 km; in total 714 km. Later, Katni-Murwara to Balli, a new railway line was laid connecting Singrauli. The Bauxite ore was being carried from Pandra Road via Katni-Murwara-Balli-Singrauli to Renukoot railway siding. The distance though was reduced to 568 km the freight charges for physical distance of714 km at the rate of Rs. 13.75 per quintal per km was continued to be charged and later was increased to Rs. 16.57 per quintal per km with effect from 1/12/1986, the consequential inflated rate was at 55%. The appellant, therefore, laid the complaint under Section 36 (b) of the Railways Act 24 of 1989, for short 'the Act', seeking :

(3.) Though the respondent-Railways justified the levy of the freight charges at 714 km distance the Railway Rate tribunal by its judgment dated 3/03/1992 declared that, "the continued levy on freight rate for the movement of complainant's traffic in Bauxite from Pandra Road to Renukoot for a distance of 714 km by inflating the distance between Katni and Singrauli by 55% is unreasonable; and the respondent shall levy the freight charges for the complainant's traffic on the basis of the actual distance only. This order will take effect from the date of the order". The respondent allowed the order to become final. The appellant, though had the main relief, filed this appeal seeking the relief from the date of the complaint, namely 10/03/1987.