DURGESH COAL Vs. NORTHERN RAILWAY NEW DELHI

JUDGEMENT

(1.) The petitioners have prayed for issuance of a writ of mandamus commanding the respondents (Railways) to allow reweighment of the entire coal consignment in question of 41 wagons and not to realise penal freight from them in respect of alleged excess weight of 1,000 M. T. (Metric Ton), demurrage and wharfage. It is also prayed that the respondents be directed to realise from them only the normal freight of the excess weight to be found on remeasurement/ rewighment of the entire consignment.

(2.) The case of the petitioners is that coal consignment of 41 wagons had been loaded at Joglghopa Railway Station of N.F. Railway and forwarded for being delivered at the destination station-Meerut City Mandi siding of Northern Railway. A sum of Rs. 26.28.562 had been paid as freight charges. The loading had been done upto the marked height and the same had been properly checked by the railway authorities whereafter the wagons had been sealed. The loading was only upto the marked carrying capacity and in accordance with Rule 702 of Goods Tariff Rules. The total quantity of coal loaded was 2396.4 M.T. rounded off to 2397 M.T. Railway receipts were issued by the railways (Annexure-2 to the writ petition). After reaching of the consignment at the destination station, the placement was not given by the railway authorities to the petitioners for delivering the goods and they were orally told that the said rakes had been weighed at weigh-brldge Laksar of Northern Railway and 1.000 M.T. coal had been found excess in weight wherefore a penal freight of Rs. 55 lacs had been imposed by the railways. For this reason, the goods were not delivered to the petitioners and they were asked by the railway authorities to deposit the penal freight amounting to Rs. 55 lacs before the delivery of goods to them. The coal unloaded from the said rakes was lying on the ground of Meerut City Mandi siding and everyday heavy wharfage was continuing against the petitioners as only ten hours' time is allowed as per the rules to clear the ground. The loading at Jogighopa railway station had been done under the supervision of the railway authorities and it was so certified on the railway receipts by means of a rubber stamp to the following effect : "The loading height has been properly marked and that loading has been done only upto the marked height".

(3.) The weighment at en-route station at Laksar has been challenged to be faulty and incorrect and it has also been alleged that the Laksar weighbridge of Northern Railway was defective. The railways, according to the petitioners, could not demand penal freight amounting to Rs. 55 lacs as they have not complied with Section 73 of Indian Railways Act. Support has also been sought to be derived from a judgment dated 20.9.1994 in Civil Misc. Writ Petition No. 30629 of 1994 wherein railway authorities were directed to reweigh the consignment of coal at the destination station-Kashi by delivering the consignment to the parties in truck loads to be reweighed at Dharamkanto. Such delivery was directed to be made without any payment to the railways and the issue relating to overloading, demurrage and wharfage was directed to be determined by the railway authorities in ' accordance with law after reweighment.