IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP (C) No. 3122/2014 1. GLOBAL CARRYING INDIA & 6 ORS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT 14, RANKAWAT MARKET, A.T. ROAD, GUWAHATI, DIST- KAMRUP, ASSAM AND IS REPRESENTED BY ITS PROPRIETOR SHRI VIKASH KUMAR BAJAJ, S/O RATAN KUMAR BAJAJ, R/O A.T. ROAD, GUWAHATI, DIST- KAMRUP, ASSAM. 2. MONOPOLY EXPRESS CARGO (MUMBAI) PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT 3 & 4, SAHARA CARGO ESTATE, GROUND FLOOR, NEAR TARUN BHARAT SOCIETY, J.B. NAGAR, ANDHERI (E), MUMBAI- 400099 AND ITS REGIONAL OFFICE AT OPPOSITE ASEB CONTROL OFFICE, 1ST FLOOR, KEDAR ROAD, GUWAHATI-781001, ASSAM AND IS REPRESENTED BY ITS AUTHORISED SIGNATORY, SHRI MAUSAM SHARMA. 2. SONI KUSUM CARGO SERCICE, A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT BHAGRATI TOWER, SRCB ROAD, SHOP NO.9, 1ST FLOOR, FANCY BAZAR, GUWAHATI-781001 IN THE DISTRICT OF KAMRUP, ASSAM AND ISREPRESENTED BY ITS PROPRIETOR RAMPALAT PRASAD. 3. SHRI RAMESH CHANDRA YADAV, S/O- SHRI HIRALAL YADAC, R/O- K.C. SEN ROAD, PALTAN BAZAR, GUWAHATI-8 IN THE DISTRICT OF KAMRUP, ASSAM. 4 SHRI RAJ KISHORE MISHRA, S/O- RATNESHWAR MISHRA, R/O- RUPAYAN ARCADE, S.S. ROAD, FANCY BAZAR, GUWAHATI IN THE DISTRICT OF KAMRUP, ASSAM. 5. SHRI KUNDAN KUMAR SHAH, S/O- SHRI SHANKAR SAHA, R/O- HOUSE NO. 24, KASTURBA NAGAR, ULUBARI IN THE DISTRICT WP(C) 3122-5877/14 oral dated 07/05/15 Page 1 of 19 OF KAMRUP, ASSAM. 6. SHRI PRABHU NATH GUPTA, S/O- LT. RAM CHANDRA GUPTA, R/O- A.K. AZAD ROAD, REHABARI, GUWAHATI IN THE DISTRICT OF KAMRUP, ASSAM. ………..Petitioners -Versus- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, RAILWAY BOARD, RAILWAY BHAWAN, NEW DELHI. 2. THE CHIEF COMMERCIAL MANAGER, NORTH EAST FRONTIER RAILWAYS, MALIGAON, GUWAHATI, ASSAM. 3. M/S ESQUIRE EXPRESS & COURIER SERVICES, A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT 31, G.T.ROAD (NORTH),GROUND FLOOR,HOWRAH,P.O. HOWRAH,P.S. GOLABARI, DISTRICT HOWRAH, WEST BENGAL, PIN-711101, (THE APPLICANT IS REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, SHRI NITESH PANDEY, S/O SHRI CHANDESHWAR PANDEY, R/O K.C.SEN ROAD, PALTAN BAZAR, P.O. REHABARI, P.S. PALTAN BAZAR, GUWAHATI, DISTRICT-KAMRUP (M),ASSAM). ……….Respondents For the petitioners : Mr. G.N. Sahewalla, Sr. Adv. Mr. A. Chetia, Adv. For the Respondents : Mr. B.N. Gogoi, SC, Rlys. WP(C) 3122-5877/14 oral dated 07/05/15 Page 2 of 19 WP (C) No. 5877/2014 1. M/S ESQUIRE EXPRESS & COURIER SERVICE & 2 ORS A REGD. PARTNERSHIP FIRM HAVING ITS OFFICE AT 31, G.T. ROAD NORTH, GROUND FLOOR, HOWRAH, P.O. & DIST- HOWRAH, WEST BENGAL-711101. 2. GEETA DEBI W/O DADAN PRASAD, A PARTNER OF THE PETITIONER NO.1 FIRM, R/O 31, G.T. ROAD NORTH, GROUND FLOOR, HOWRAH, P.O. & DIST- HOWRAH, WEST BENGAL-711101. 3. KRISHNA CHANDRA PRASAD S/O SHRI BACHCHA PRASAD, A PARTNER OF THE PETITIONER NO.1 FIRM, R/O 31, G.T. ROAD NORTH, GROUND FLOOR, HOWRAH, P.O. & DIST- HOWRAH, WEST BENGAL- 711101, ALL PETITIONERS ARE REP. BY THIER POWER OF ATTORNEY HOLDER NITESH PANDEY, S/O CHANDESHWAR PANDEY, R/O K.C. SEN ROAD, PALTAN BAZAR, P.O. REHABARI, P.S. PALTAN BAZAR, GUWAHATI, DIST- KAMRUP METRO, ASSAM. ……Petitioners -Versus- 1. THE UNION OF INDIA REP. BY THE GENERAL MANAGER, NORTHEAST FRONTIER RAILWAY, MALIGAON, GHY-11, ASSAM 2. THE RAILWAY BOARD REP. BY THE SECY., MINISTRY OF RAILWAYS, GOVT. OF INDIA, RAIL BHAWAN, NEW DELHI-1 3. THE DIRECTOR OF FREIGHT MARKETING WP(C) 3122-5877/14 oral dated 07/05/15 Page 3 of 19 RAILWAY BOARD, GOVT. OF INDIA, RAIL BHAWAN, NEW DELHI-01 4. THE GENERAL MANAGER N.R.RAILWAY, MALIGAON, GHY-11, ASSAM 5. THE GENERAL MANAGER NORTHERN RAILWAY, BARODA HOUSE, NEW DELHI-1 6. THE CHIEF COMMERCIAL MANAGER N.F.RAILWAY, HAVING ITS OFFICE AT MALIGAON, GHY-11, ASSAM 7. THE CHIEF COMMERCIAL MANAGER (FM) N.F.RAILWAY, HAVING ITS OFFICE AT MALIGAON, GHY-11, ASSAM 8. THE CHIEF COMMERCIAL MANAGER (FM) NORTHERN RAILWAY, BARODA HOUSE, NEW DELHI-1 9. THE SENIOR DIVISIONAL COMMERCIAL MANAGER NORTHERN RAILWAY, BARODA HOUSE, NEW DELHI-1 10. THE CHIEF PARCEL SUPERVISOR N.F. RAILWAY, NEW GUWAHATI, ASSAM, GHY- 21 11. THE SENIOR DIVISIONAL COMMERCIAL MANAGER LUMDING DIVISION, N.F.RAILWAY, NAGAON, PIN-782447. …… Respondents For the petitioners : Mr. D. Das, Sr. Adv. Mr. G. Alom, Adv. For the Respondents : Mr. B.N. Gogoi, SC, Rlys. WP(C) 3122-5877/14 oral dated 07/05/15 Page 4 of 19 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Date of hearing & Judgement: 07/05/2015 JUDGEMENT AND ORDER (ORAL) 1. The petitioners involved in WP(C) No. 3122/2014, engaged in the business of good carrier service are aggrieved by the decision of the respondent Railways to impose restrictions of piecemeal Demand VP Book and movement from / to Guwahati (Ghy) and Kamakhya (KYQ) Station with immediate effect for 60 days due to traffic block of Pit Line No. 3, granted w.e.f. 09/06/2014 and consequential yard congestion. In this connection, the petitioners have assailed the Annexure-II order dated 09/06/2014 by which a further decision was conveyed to deal with all piecemeal Demand VPs and Leased VPs at New Guwahati (NGC) instead of Guwahati and Kamakhya. According to the petitioners, no such restrictions could have been imposed, more particularly when others are being allowed Demand VP booking and movement without any restrictions. In this connection, the petitioners have specifically referred to the case of the petitioners involved in the other writ petition, namely WP(C) No. 5877/2014, who is also party respondent in WP(C) No. 3122/2014. When on the basis of the said order dated 09/06/2014, WP(C) 3122-5877/14 oral dated 07/05/15 Page 5 of 19 restriction was sought to be imposed on the petitioner in WP(C) No. 5877/2014 inspite of the work order entrusted to it permitting to use Guwahati Railway Station as intermediate station towards movement of goods. On the basis of the interim order passed in the said writ petition, the petitioner involved therein is permitted to make use of the Guwahati Railway Station as intermediate station. In this connection, the petitioner has referred to Annexure-5 Revised Time Table dated 16/12/2013 applicable only at night time for limited duration. 2. In the counter affidavit filed by the respondents in WP(C) No. 3122/2014, it has been stated that the particular restriction had to be imposed on the basis of the Engineering Branch recommendation for traffic block for repairing of washing Pit Line No. 3 at Guwahati yard. According to the respondents, such restrictions was required keeping in mind the safety aspect because the Pit Line was working for several years without any maintenance. Accordingly, the impugned order dated 09/06/2014 had to be issued. The affidavit further states about the congestion in the Guwahati Railway Station. As regards the claim of the petitioners that the respondents are permitting loading and unloading in respect of other brake vans, the stand of the respondents is that the PCET (Parcel Cargo Express Train) is a separate segment of parcel which are operated by Indian Railways. They are covered by separate policy of the Government. PCET is full length train with position of 20 + 1 and not like the circle Demand VPH. In PCET shunting is not required but in every WP(C) 3122-5877/14 oral dated 07/05/15 Page 6 of 19 demand VPH more than 4 times shunting in per VPH is required. Thus, according to the respondents, there cannot be any comparison between the demand VP and PCET trains. 3. As stated in the affidavit, Railway parcel have 3 segments of traffic, namely, (i) Parcel Cargo Express trains (ii) SLRs and AGCs leasing and through Railway book and (iii) Lease the VPH and demand VPH. The petitioners parcel traffic comes under category (iii) (Demand VPH). As further stated in the affidavit, SLRs and AGCs do not require shunting and normally loading and unloading is done during stoppage of train times at platforms. 4. In terms of the orders passed in this proceeding, the respondent Railways have filed another affidavit in MC 3466/2014 filed by the petitioners involved in WP(C) No.3122/2014. In the said affidavit filed on 13/02/2015 dealing with the plea of the petitioners that some others are being allowed loading/unloading at Guwahati Railway Station and there has been discrimination, it has been stated thus :- “13. That with regard to the statements made in paragraph No. 12, the deponent begs to state that the petitioner is trying to mislead the Hon’ble Court by submitting some Xeroxed copy of gate passes. On verification, it is found that these gate passes are not related to any piecemeal demand VPU. However, railway can’t deprive the bonafied passengers for booking luggage on the same train through SLR or Guard Cabin/brakevan. The available space of SLR/Brake WP(C) 3122-5877/14 oral dated 07/05/15 Page 7 of 19 van/guard cabin is also utilized for carrying parcels booked by common citizens. The discrimination towards the railway demand VPU users, as alleged is not correct and it is a misleading effort. Railway authority has not allowed any trader to book demand VPU to and from Guwahati railway/ Kamakhya station since 09/06/2014 without any discrimination.