ZUARI INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this petition is to the judgment and order dated 14/06/2005 passed by the Railway Rates Tribunal of India at Chennai (Tribunal, for short) by which the complaint filed by the petitioners has been dismissed.

(2.) On hearing the learned Senior Counsel for the petitioners and the learned Counsel appearing for the respondent, it appears that the controversy has narrowed down to a great extent and it would not be necessary to set out the facts in detail. Suffice it to mention that the complainant Zuari Industries Ltd. is manufacturers of fertilizers having their factory situated near Sankval Railway station on the Castle Rock - Vasco section of Hubli Division of the South Western Railway. The bulk of their manufactured fertilizers are transported through railways in rake loads. The factory was set up in the year 1972 and the railway siding was provided at the Sankval railway station for transportation of fertilizers from the factory. The said siding was originally on a Meter Gauge section. The same was converted into Broad Gauge during October, 1996 to March, 1998. Indisputably, the gauge conversion was executed by the railways at the cost of the petitioners. The petitioners claim that they had incurred cost of Rs.17.00 crores for the said 'gauge conversion', for which the plans were got prepared and were approved by the railway authorities to enable the complainant for a loading of 35 BCN/BCX wagons. Two lines were provided for the said purpose.

(3.) The respondent by a notice dated 5/07/2005 raised a demand of Rs.2,05,19,874/ - towards shunting/siding charges for the period from 18/03/1998 to 11/03/2002, which led the petitioners to approach the Tribunal.