DULAL CHANDRA KUNDU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a septuagenarian running a book stall from the Habra Railway Station platform on and from the year 1977 under the Eastern Railway. On June 11, 2004, vide Commercial Circular No. 19 of 2004, a Book Stall Policy was promulgated by the Indian Railways under which the petitioner continued to run his stall. Subsequently, vide Commercial Circular No. 61 of 2017 date September 5, 2017, a Multi-Purpose Stall (MPS) Policy was adopted by the Railways. Clause 5 of the same stipulated the tenure of allotment of all MPS to five years at all categories of stations subject to fulfillment of mutually agreed terms and conditions. It was further mentioned that there shall be no extension and renewal of the MPS units. However, the licensee can participate in the fresh bid, if otherwise eligible.

(2.) Clause 11.1 stipulates that no new allotment, renewal, extension of the book stall/table as specified therein would be done by the Railways as of then and all the existing stalls/trolleys, etc., shall be allowed for conversion into MPS as per the provisions of the Policy.

(3.) Clause 11.3 stipulates that the existing book stalls/tables as specified therein shall be given an option to convert to MPS subject to payment of licence fee as quoted by the prospective bidder for similarly placed MPS units at the station/platform. The tenure of five years shall commence from the date of conversion of existing stall into MPS.