India Vs. The Lord Krishna Sugar Mills  INSC 132 (8 April 1999)
RAJENDRA BABU., S.N.PHUKAN. S.N. PHUKAN. J
appeal is preferred by the Union of India through the General Manager, Northern
Railway against the Judgment and Order dated 30th January, 1982 passed by the Railway Rates Tribunal, Madras.
complaint was filed under Section 41(l)(c) of the Indian Railways Act, 1890 by
the respondent regarding the siding charges levied by the appellant at. the
respondent's siding at Saharanpur and fixation of maintenance charges
of the siding by the railway. The tribunal framed as many as 7 issues and after
elaborate discusion held that the siding charges and maintenance charges fixed
by railway w.e.f 13.03.1980 were unreasonable. Hence the present appeal.
have heard Ms. Anjani Aiyangiri, learned counsel for the appellant and Mr. Pradeep
Misra, learned counsel for the respondent.
the impugned judgment we find that maintenance charges were fixed at Rs. 4838/-
for the period 03.10.80 to 31.03.81 and also for subsequent years.
time of argument it was stated before us that the siding of the respondent was
closed down in the year 1996, therefore, these two questions regarding siding
charges and maintenance charges have become academic. The tribunal fixed the
siding charges and maintenance charges not only on the basis of All ln^ia cost
incurred by the Railway but on the zonal basis. The tribunal had given
elaborate reasons and had also relied on other decisions of the tribunal.
view of the fact that the siding was closed down in the year 1996, both the
questions have become infructuous, therefore, we don't want to interfere in the
present appeal leaving the question regarding the method of calculation of
siding and maintenance charges open. In view of the above observations, appeal
is disposed of. The parties to bear their own costs.