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NEELA GOKHALE, SANDEEP V. MARNE
Rukmani V. Agarwal – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sandeep V. Marne, J. - Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petition is taken up for hearing and disposal.
2. Petitioner, an allottee of a Catering Stall on Platform at Dadar Railway Station, Mumbai is aggrieved by Orders/Notices dated 9 February 2024, 29 February 2024, 10 April 2024, 19 April 2024 and 9 May 2024 directing her to shift her catering stall at the suggested location on the same platform.
3. Petitioner has been operating s Catering Stall admeasuring area of 60 sq.ft, which is currently located at a distance of 38 ft from the footover bridge on platform nos. 9 and 10 (old platform nos.3 and 4) at Dadar Railway Station, Central Railway. According to Petitioner, the Stall has been allotted to her in the year 2007 after prolonged litigation up to the Apex Court.
4. It appears that a Member of Parliament wrote letter dated 3 August 2022 to the General Manager, Central Railway, copy of which is not available on record. However, by referring to the said letter, a Feasibility Report was prepared by various railway ofcials on 7 November 2022, under which Petitioner agreed for shifting of her catering stall
The court established that policy decisions made by the Railway Administration regarding the relocation of catering stalls for public safety and decongestion are valid and not subject to judicial int....
The petitioner, as a commission vendor, has no legal right to assert that he can continue to act as a commission agent from the stall located at Platform no. 1 and to assail the decision of the respo....
Renewal of catering unit licenses is not automatic and is subject to fulfilling specified conditions as per the Catering Policy, 2010.
The court ruled that a Commission Vendor has no inherent right to operate from a specific stall, emphasizing the principal-agent relationship and the public interest in maximizing revenue.
The court affirmed that a Commission Vendor has no inherent right to operate from a specific location, and the Railway authorities can terminate the vendorship and initiate a tender process for publi....
The Railway Minister and Board have authority to amend operational policies without cabinet approval, as long as such amendments serve public interest in maintaining quality and hygiene in catering s....
The court upheld the Railway's amended catering policy, emphasizing judicial restraint in policy-making and affirming that amendments serve public interest by enhancing food quality and accountabilit....
Tender-based catering licenses under 2017 policy non-renewable per agreement terms; older code inapplicable excluding tenders; no perpetual right after prior binding judgments dismissing renewal clai....
Point of Law : It is settled law that if a project undertaken by local body is beneficial for larger public, inconvenience to small number of people is to be accepted - Thus, proposition of law is th....
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