Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 70 and 71- Contract of lease of Front Second Class Luggage Rake (FSLR) and C Ventilated Parcel Van (VP) - Railways Act 1989- ss. 30 31 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Railways Act, 1989- ss. 30, 31, 70 and 71- Contractof lease of Front Second Class Luggage Rake (FSLR) and Ventilated Parcel Van (VP) - By Railways - For a period oftwo years- The notification whereby the tenders were invitedfor grant of lease, challenged - On the ground that as a resultof leasing out FSLR, the traders were denied the facility oftransporting their goods at the rates specified in the CoachingTariff No. 24 Part Ill (Rates for Parcels & Luggage Traffic) -Single Judge of High Court quashed the notification holdingthat award of contract of lease was bad in law- Division Benchof High Court held that action of inviting tenders could not bequashed as being opposed to ss. 30 and 31 - However, theDivision Bench issued directions to the Railways toincorporate certain regulatory checks on the unbridled powerof the lessee by fixing upper limit on the tariff that could becharged by the contractors - On appeal, held: Railways isempowered to auction the space for a particular period, provided the auction contractor adheres to prescribed tariff-The Railways is bound to follow and implement the ethosand parameters set by the Act - The intendment behind astatute can be metamorphosed or diluted by the Parliamentand not by a sub-delegate - The Railways is directed to ensure that the successful tenderer, does not change carriageprices in excess of those prescribed by the Railways inCoaching Tariff No. 24 Part Ill - The appellants have failedto adduce any evidence to establish that the Railways hadgiven undue preference in favour of any person, violatingSS. 70 and 71. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 945 |
Petitioner | M/s. S.k.l. Co. |
Respondent | Chief Commercial Officer & Ors. |
SCR | [2015] 15 S.C.R. 156 |
Judgement Date | 2015-12-29 |
Case Number | 6905 |
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