UNION OF INDIA Vs. NATIONAL FERTILIZER LTD.

JUDGEMENT

(1.) THESE appeals have been preferred by Union of India through Central Railways/West Central Railway as against orders passed by Railway Claims Tribunal, Bhopal in OA III Nos. 38/03, 48/03, 37/03, 36/03, 35/03, 34/03, 20/03, 19/03, 21/03, 26/03, 27/03, 25/03, 24/03, 22/03, 23/03, 375/04, 382/04, 377/04, 371/04, 381/04, 376/04, 372/04, 373/04, 374/04, 380/04, 378/04 and OA III 379/04. The question involved is about chargeability of the distance between Vijaypur to Satna.

(2.) IT is not in dispute that Vijaypur is a station, and distance from NFL siding to Vijaypur station is 3 kms. Dispute is about 1 km. distance. In the case relating to transshipment of goods between Vijaypur to Satna the Railway has charged for the distance 511 kms. whereas stand of NFL is that Railway could have charged for 510 kms. In this segment dispute is about the effective distance to be charged between Ruthiyai to Katni Murwara is 402 kms. or 403 kms.

(3.) NATIONAL Fertilizer Ltd. (NFL) is a Public Sector Undertaking, it books Urea through its siding to various destinations. The Railway has charged the NFL for 511 kms. in the aforesaid segment as such by way of filing an application refund of 1 km. was claimed by NFL alleging that the distance for charge was wrongly determined. The loading station was earlier in the jurisdiction of Central Railway, with the formation of zones, it has come within the jurisdiction of West Central Railway. It was claimed by NFL that chargeable distance between NFLG siding at Vijaypur and Satna, both station of Central Railway is 510 kms, not 511 kms as charged for by the Central Railway. Before 1999 since inception of siding, the Urea traffic to Satna was charged on the basis of 510 kms. The said distance was in accordance with Coaching and Goods Local Distance Table 3 of Central Railway as both loading and destination stations lie in erstwhile Central Railway Territory. Thus, refund of excess freight was claimed, after serving notices under Section 106(3) of the Railways Act, 1989.