PANKAJ MOHAN ASSOCIATES Vs. SECRETARY RAILWAY BOARD

JUDGEMENT

(1.) THE Petitioners are entities that have taken on lease parcel space in brake vans/parcel vans/Assistant Guards Cabin in the trains runs by the Indian Railways.

(2.) THE controversy concerns the weighment by the Railways of consignments loaded by the Petitioners on the parcel vans (hereinafter referred to as ,,VPH). This is a matter of concern to the Petitioners since overloading of VPH attracts severe penalties. Where the overloading exceeds a margin of 5% on three occasions it can entail the cancellation of the lease itself.

(3.) THE Railways then brought up the issue of the practical difficulties in effecting the physical re-weighment of the consignments loaded parcel vans at busy stations like Old Delhi and New Delhi Railway Stations. In order to bring about a practical and effective procedure, this Court passed the following order on 2nd December 2009: