KRISHNAPATNAM PORT COMPANY LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed to quash the order passed by the third respondent dated 25.08.2015 in Complaint No.3 of 2010 and to direct the second respondent to refund the excess amounts collected hitherto from the petitioner along with interest.

(2.) The facts leading to the filing of this writ petition are as follows:

(3.) The petitioner states that the petitioner-Company had loaded 374 rakes prior to the above three rakes and none of those rakes were found to be overloaded. The petitioner also states that the coal is lighter in weight and the density of the coal is directly correlated to certain atmospheric conditions like wetness, moisture etc. Further, it is stated that in October 2009, Nellore District was experiencing heavy rainfall. After the cargo was loaded, Rake No.151 remained at Krishnapatnam Station for 11 hours, Rake No.152 for 15 = hours and Rake No.153 for 5 hours, respectively. The wagons were dripping with water when weighment was done. The wetness was also found on the track as the water was dripping from the wagons. It is stated by the petitioner that the Chief Commercial Inspector of Guntakal Division of South Central Railway, stationed at Kadapa, who was inspecting the offloading of the rakes, had also witnessed the same. Thus, the petitioner states that excess weight alleged by railway administration was due to accumulation of rain water in the wagons and it was not at all due to overloading. It is further stated by the petitioner that loading of coal at Krishnapatnam Station is done under the supervision of the Railway Staff posted at the station for this purpose and the rakes were cleared for despatch only after the railway staff were satisfied that the rakes were loaded as per the terms and conditions of the Railways. The petitioner also states that the in-motion weighbridge at Settigunta is faulty and when rakes are weighed in the in-motion weighbridge, the speed of the train during the weighment process plays a major role. Further, it is stated that the tare weight of the wagon is stenciled after weighing the new wagons and in the process of use, due to wear and tear, the tare weight differs from the weight stenciled on it. Further, the weighbridge machine plays a vital role in the matter of overloading, as there would be error to the extent of 1%. Added further that the weighbridge at Settigunta Station was defective, and a complaint was filed on 11.12.2008 by seven exporting firms to South Central Railway about it. It is further stated that the Railways stopped weighment of rakes at Settigunta with effect from 18.11.2009 and issued orders for weighment of rakes at Nandalur Station, which shows that Railways were very much aware of the defective weighbridge at Settigunta Station.