XTRA FREIGHT FORWARDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. K. Choudhury, learned Senior counsel, assisted by Mr. P. Bharadwaj, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned CGC.

(2.) Pursuant to a bidding process initiated vide Tender no. C259 RNYLEASINGPC ET05, the petitioner on emerging successful, was issued a Letter of Acceptance [LoA] for tender viz. 'Leasing of Parcel Cargo Express Train [PCET] from Azara [AZA] to Tungala-kabad [TKD] for a period of six years on round trip basis, consisting 15 LVPHs + 1 SLR [363.9 tons] for first six months and 20 LVPHs + 1 SLR [483.9] for remaining period' ['the Contract-Work', for short]. The LoA further mentioned that intermediate parcel handling stations would be at New Jalpaiguri Junction [NJP], Sankrail Goods Terminal [SGTY], Alam Nagar [AMU] and Rampur [RMU]. After compliance of necessary formalities including deposit of Security Deposit required on the part of the petitioner, the petitioner was issued a Work Order on 6/10/2022 whereby the petitioner was allowed to commence the Contract-Work from 4/11/2022 without fail. Accordingly, the petitioner started the Contract-Work of running of AZA-TKD-AZA lease Parcel Cargo Express Train Ex AZA on round trip basis from 4/11/2022

(3.) It is projected that during the initial period, the petitioner faced a number of issues/difficulties in respect of loading and unloading goods at Tungalakabad [TKD] station, but in course of time, the issues got resolved. The petitioner had further faced difficulties in loading/unloading of goods at Sankrail Goods Terminal [SGTY] within the jurisdiction of Eastern Railway. The main difficulty faced by the petitioner at Sankrail Goods Terminal [SGTY] was that there was no shed at SGTY and as a result, substantial damages to goods occurred at the time of loading and unloading of SGTY. The petitioner made requests for changing of intermediate parcel handling station from Sankrail Goods Terminal [SGTY] to Chitpur Station [CP], which is also within the jurisdiction of Eastern Railway in terms of the 'Policy for leasing of Parcel Cargo Express Train [PCET]', more particularly, para 2.8 thereof, notified by FM Circular no. 04 of 2016 dtd. 15/6/2016 by the Railway Board, Ministry of Railways.