Delhi High Court
Railway Platform Tea Stall ... vs Union Of India on 2 June, 2021
$~17
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 02.06.2021
+ W.P.(C) 5722/2021 & CM APPL.17911-12/2021
RAILWAY PLATFORM TEA STALL TENDERED LICENSEE
PROGRESSIVE WELFARE SOCIETY ..... Petitioner
versus
UNION OF INDIA .....Respondent
Advocates who appeared in this case:
For the Petitioner: Ms. Suruchi Aggarwal, Senior Advocate with Mr.
Akshat Bajpai and Mr. Ishanee Sharma, Advocates.
For the Respondent: Mr. Jagjit Singh, Senior Counsel for Railways with Mr.
Preet Singh and Mr. Vipin Chaudhary, Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns the letter dated 01.06.2020 issued by the Director
(Tourism & Catering) Railway Board, Ministry of Railways, Government
of India.
3. Learned senior counsel for the petitioner submits that though this
policy mandates that any change or modification to the Master License
Agreement is to be done only with the written consent of all the parties, the
Signature Not Verified
W.P(C) 5722/2021 Digitally Signed 1
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:02.06.2021
Signing Date:02.06.2021 21:43:31 20:27
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Zonal office has unilaterally modified the terms.
4. Learned senior counsel further submits that the agreement provides
that the license fee would be calculated on turnover basis whereas the
impugned policy directs that volume of passenger traffic in respect of
individual stations/platforms shall be taken into consideration while
modifying the license fee.
5. Learned senior counsel further submits that some of the zonal offices
of the Indian Railways have treated the entire period as dies non whereas
some of the zonal offices are granting concession on the basis of passenger
footfall and ignoring the turnover and also without mutual consent of minor
static units. She submits that there is also variation in the manner and
period for which the policy is being implemented by various zonal offices.
6. Learned senior counsel submits that the policy needs to be re-
examined particularly in view of the manner in which different zones inter
alia Hyderabad division are interpreting and implementing the policy.
7. Learned counsel appearing for the respondent on advance notice
raises a preliminary objection with regard to the maintainability of the
petition on the ground that the petition seeks to impugn a policy decision
and also on the ground of lack of territorial jurisdiction, non joinder of
necessary parties and absence of locus of the petitioner.
8. Since the contention of learned senior counsel for the petitioner is
that different Zonal Offices of the Indian Railways are interpreting and
implementing the policy differently, it may be appropriate for the
Signature Not Verified
W.P(C) 5722/2021 Digitally Signed 2
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:02.06.2021
Signing Date:02.06.2021 21:43:31 20:27
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
competent authority i.e. Director (Tourism & Catering) Railway Board,
Ministry of Railways, Government of India, to examine the contentions
raised by the petitioner in this petition as well as the material placed herein
as a representation and take a view in the matter.
9. In view of the above, this petition is disposed of with a direction to
the competent authority i.e. Director (Tourism & Catering) Railway Board,
Ministry of Railways, Government of India, to treat this petition as a
representation and dispose of the same preferably within a period of four
weeks from today.
10. It is, however, clarified that this order shall not amount to expression
of opinion on the objection raised by the respondent with regard to the
maintainability of the petition.
11. Petition is disposed of in the above terms.
12. All rights and contentions of parties are reserved.
13. Copy of the Order be uploaded on the High Court website and be
also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J.
JUNE 02, 2021/rk
Signature Not Verified
W.P(C) 5722/2021 Digitally Signed 3
By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:02.06.2021
Signing Date:02.06.2021 21:43:31 20:27
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
