BANSAL & CO, & ANR. versus UNION OF INDIA & ORS.

BANSAL & CO, & ANR. versus UNION OF INDIA & ORS.

Nominated stations in Assam and Meghalaya Zones should be treated as stations at colliery sidings for the purposes of allotment under the Preferential Traffic Schedule, considering the equitable distribution of coal and practical absence of colliery sidings in Meghalaya. Coordination between Coal Controller and railway authorities is essential to effectuate the movement and prioritization of coal traffic.

Parties
Petitioner: Bansal & Co.; Petitioner: Orient Distributors; Respondent: Union of India; Respondent's Advocate: N.R. Chowdhary; Respondent's Advocate: O.P. Sharma; Respondent's Advocate: Anil Katyar; Respondent's Advocate: R.N. Poddar; Respondent's Advocate: C.V. Subba Rao; Intervener's Advocate: Soumen Ghose
Jurisdiction
India
Judgment Date
20 December 1985
Procedural Posture
Special Leave Petition (civil) and Writ Petition (civil) / Disposal of Slps and Writ Petition After Hearing
Outcome
Petitions disposed of with directions.
Legal Topics
Preferential Traffic Schedule, Railway Administration, Coal Movement, Interpretation of Section 27 a Railways Act, Equitable Distribution of Coal
Administrative Law Transport Law Preferential Traffic Schedule Railway Administration Coal Movement Interpretation of Section 27 a Railways Act Equitable Distribution of Coal

Case Brief

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Parties

Bansal & Co.

Petitioner

Orient Distributors

Petitioner

Union of India

Respondent

N.R. Chowdhary

Respondent's Advocate

O.P. Sharma

Respondent's Advocate

Anil Katyar

Respondent's Advocate

R.N. Poddar

Respondent's Advocate

C.V. Subba Rao

Respondent's Advocate

Soumen Ghose

Intervener's Advocate

Procedural Posture

Special Leave Petition (civil) and Writ Petition (civil) / Disposal of Slps and Writ Petition After Hearing

Legal Issues

  1. 1 Whether stations nominated in Assam and Meghalaya Zones can be treated as stations at colliery sidings for purposes of priority under Preferential Traffic Schedule.
  2. 2 Whether equitable distribution of coal necessitated such treatment under the Railways Act, 1890 and Preferential Traffic Schedule.
  3. 3 Whether movement of traffic schedule should be controlled centrally by coordination between the Coal Controller and General Managers of Railways or by the General Managers independently.

Ratio Decidendi

Nominated stations in Assam and Meghalaya Zones should be treated as stations at colliery sidings for the purposes of allotment under the Preferential Traffic Schedule, considering the equitable distribution of coal and practical absence of colliery sidings in Meghalaya. Coordination between Coal Controller and railway authorities is essential to effectuate the movement and prioritization of coal traffic.

Court Disposition

Petitions disposed of with directions.

Orders

  • Nominated stations in Assam and Meghalaya shall be treated as colliery sidings for movement of Khasi coal for purposes of priority 'C'.
  • Allotments of wagons already made by Zonal Managers to such parties are to be honoured and previous cancellations due to the Gauhati High Court order are to be rescinded.