LAWS(DLH)-2011-6-19

KISHAN FREIGHT FORWARDERS Vs. UNION OF INDIA

Decided On June 02, 2011
KISHAN FREIGHT FORWARDERS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The common issue in these eight petitions concerns the interpretation of Clause (E) in the Comprehensive Parcel Leasing Policy ( CPLP?) of the Indian Railways for leasing of parcel space in the brake vans (SLRs) by passenger-carrying trains and leasing of Parcel Vans (VP/VPH/VPU) on round trip basis which was announced by the Railway Board on 28 th March 2006 by the Freight Marketing Circular No. 12 of 2006 and became effective on 1 st April 2006. Relevant Clause of the CPLP and the Lease Agreement

(2.) Clause (E) of the CPLP provided for the extension of the lease in case of long term lease of three years. The extension could be for a period of two years at a lease rate 25% more than the lump sum leased freight rate. Clause (E) of the CPLP reads as under:

(3.) Thereafter the Railway Board issued Freight Marketing Circular No. 40 of 2006 on 6 th September 2006 circulating to the General Managers in all zones a copy of the specimen standard format of the agreement to be signed between the Railway Administration and the leaseholder for contracts of leasing of parcel space in the Brake Vans/Assistant Guard Cabin/Parcel Vans. Clause 20 of the said standard format agreement dealt with extension of leases and reads as under: