These petitions are filed being aggrieved of the action of the Railway

authorities in imposing stacking charges by the respondent nos. 3 and 4 upon

the petitioners on the count of stocking of goods at platform/Railway siding.

Petitioners' contention is that they are companies and are engaged in the

business of transportation of goods and articles through Railway to various

destinations. In the course of their business, petitioners are required to handle

and transport goods and material and are regularly dealing with Railway

authorities which is one of the major agencies involved in the movement of

goods throughout the country.

3

It is submitted that for the aforesaid purposes, Railways have framed

certain rules and issued circular from time to time. There are established trade

practices. It is submitted that as per established practice, a party requesting the

Railways submit indent to allot space along the railway siding/platform for

stacking/stocking goods to be loaded in wagons. On such request, Railways

provide space at the Railway siding/shed where on the stipulated days and time,

stacking of goods takes place.

It is submitted that an option is always available to the party like the

petitioners that if it is not possible for them to stock goods for transportation,

then request for cancellation can be made and no charges are levied upon the

party as the said space and period of time can be utilized and granted by

Railway to any other party.

It is submitted that there is a business practice, interchangeability of

stacking of goods and loading of wagons amongst similarly placed persons

which is an established trade practice.

It is pointed out that vide Annexure P-1, stacking charges have been

imposed by the Senior Divisional Commercial Manager, South East Central

Railway, Nagpur.

Reading from Annexure P-3 which is an invoice issued by the South East

Central Railway, Garha Goods Shed (CGGS), it is pointed out that such

practice is unknown to the petitioners, in as much as they are in regular business

with the Railway authorities and are long time associates of the Indian

Railways.

Reading from guidelines regarding Wharfage and Stacking contained in

Annexure R-1, it is pointed out that charges could not have been levied against

the petitioner.

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Shri Manoj Sharma further referring to Chapter-III of the Master Circular

dated 19/05/2016 submits that stacking charges or Wharfage charges are not

statutory in nature, in as much as, there are guidelines regarding waiver and write

off. The General Manager of the concerned Railway has full power to waive,

Demurrage/Wharfage whereas CCM has power upto Rs. 1,00,000/-, DRM upto

Rs. 25,000/- and so on upto the level of ACM/ATM/Area Officer in junior

scale.

Shri Harshwardhan Singh Rajput, learned counsel for the Railways

submits that there is no illegality in the impugned action. Clause 7.3 of the

guidelines for advance stacking at Railway premises provides for "Permission

for advance stacking can be granted to such rail users who have indented for

wagons."

It is submitted that there is a provision contained in Clause 7.8 that "Once

advance stacking permission is granted, cancellation of indents will not be

permissible upto fifteen days from the 1^st day of advance stacking. In case Rail

User cancels the indent within the aforesaid period Stacking Charge will be

levied for the whole period of stacking."

Thus, reading these clauses, it is submitted that petitioners have since

cancelled the booking of wagons before expiry of 15 days of first day of

advance stacking permission, therefore, they are liable to pay stacking charges.

It is further submitted that petitioners have a remedy to have approached

the appropriate authority for waiver and write off but petitioners did not avail

that remedy. It is thus submitted that there is no illegality in the impugned action

calling for indulgence. It is also submitted that petitioners have a remedy to

approach the Railway Claims Tribunal established for this purpose.

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At this stage, Shri Manoj Sharma