DARSHAN PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition filed by a consignee of a consignment of coal seeks to lay challenge to the recovery of freight and penal charges levied and sought to be recovered by reference to Rule 161-A of the IRCA and Rule 3 of Railways (Punitive Charges for Overloading of Wagons) Rule 1990. Challenge is laid to the vires of the Rule also. A number of petitions were filed raising similar issues. One of such petitions was transferred by the Supreme Court of India to itself and registered as TC No.47/97 thereat. It was heard alongwith several other matters. The challenge laid to such demand has been turned down by the Supreme Court in the case of Jagjit Cotton Textile Mills Vs. Chief Commercial Supdt NR & Ors JT (1998) 3 SC 297. Their Lordships have held that the railway is legally empowered to levy such charges and recover the same even from the consignee. The rule has been held to be intravires. In view of the decision of the Supreme Court, the present petition does not survive for decision on merits.

(2.) . Still the learned counsel for the petitioner submitted that Section 73 of the Railways Act, 1989 empowers the Railway to make recovery of the freight and other charges including penalty `before delivery of the goods' and once the goods have been delivered, the charges cannot be recovered. The goods (i.e. the Coal) in this case was delivered and after the delivery the demand has been raised. The learned counsel further submitted that this plea was neither raised before the Supreme Court of India nor decided by their Lordships in the case of Jagjit Cotton Textile Mills (supra) and hence this plea needs to be dealt with by this Court inspite of the abovesaid judgment of the Supreme Court.

(3.) . Section 73 reads as under :-