APEKSHABEN V SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a frequent traveller between Ahmedabad and Bombay challenges the action of the respondent authorities of compulsorily collecting catering charges in the Shatabdi Express alongwith the fare while issuing the tickets for that train.

(2.) The petitioner travelled from Ahmedabad to Bombay in IInd A.C. Coach of the Shatabdi Express and was charged Rs. 380.00 per ticket. The petitioner had, since he did not desire to avail of the catering of food, requested the ticket issuing authority to issue the ticket excluding the catering charges. However, such option was not provided and the petitioner was compelled to purchase three tickets (one for himself and two for herself relatives) at the rate of Rs. 380.00 per ticket. It is contended that the collection of catering charges was arbitrary and irrational. In other trains like Karnavati Express the fare of IInd Class A.C. ticket is only Rs. 257.00 and no compulsory catering charges are collected.

(3.) It was contended by the learned Counsel Mr. Girish Patel appearing for the petitioner that the catering charges are being arbitrarily collected by the Railway authorities and such compulsion was, therefore, violative of the fundamental right to equality of the petitioner guaranted by Art. 14 of the Constitution. It was also contended that the Railways constitute public utility service and it is their duty to supply services at a reasonable price and collection of such catering charges was not at all justified. It was also argued that the petitioner's fundamental right to liberty of not to eat food, was violated becuase of such compulsory catering charges being levied. It was submitted that catering charges were separable and their compulsory imposition denied freedom of choice to the citizen travelling in that train of not to eat food. It was also aruged that there were limited number of trains between Ahmedabad and Bombay which usually went full. Therefore, citizens have limited choice of travelling. Imposition of such catering charges restricts the choice of the citizens who may not be able to bear the burden of additional amount and thereby impairs their freedom of movement. It was submitted that freedom to avail of means of transport is also part of freedom of movement guaranteed by Art. 19(1)(d) of the Constitution. It was contended on behalf of the Railway authorities that what facilities are necessary to be provided in a given train is a matter of policy and therefore, fixation of the fare would not be a justiciable issue. It was submitted that there was nothing to show that the fare which was charged for travelling in Shatabdi Express was in any manner unreasonable or arbitrary. It was also submitted that the fare was for point to point travel and included charges for the facilities which were specially provided for to the commuters travelling by this train. It is stated in the affidavit-in-reply that the difference of fare between Shatabdi Express and Karnavati Express was only Rs. 123.00. The extra arrangements and facilities which are provided for in the Shatabdi Express are narrated in paragraph 2.3 of the affidavitin- reply and they include attaching two extra coaches having power generator van, attaching two engines to maintain speed, providing for the telephone connection system between the Guard and the Driver, providing for musical channel for the passengers, providing for carpets and curtains as well as pure drinking water, etc. The facilities include newpaper, a mineral water bottle and breakfast which contains 4 biscuits, vegetable cutlets (100 gms.) with potato chips or an omlet, two slices of bread with 10 gms. of butter, 15 gms. of tomato ketch-up and 15 gms. of jam and a cup of tea-coffee. Snacks are also provided which include one bakery item, a samosa or kachori, 50 gms of shrikhand, small cup of ice-cream, 50 gms. of wafers and tea or coffee. It is stated that all these facilities are provided by the contractor for Rs. 61.75 p. The above facilities are described by the respondents as "experiment in luxury travel". Letters of appreciation by various dignitaries who officially travelled in the train are realied upon by the Railway authorities to blow their own trumpet. It is submitted that there is separate fare structure for these trains and flat rates are charged for travel in such trains.