UNION OF INDIA AND OTHERS Versus M/S S.R. FERRO ALLOYS

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 42 of 2021, Judgment Date: Jun 24, 2021

Law Laid Down:- 

Railways Act, 1989 – Sec. 73 (Punitive charge for overloading a wagon), Sec.74 (Passing of property in the goods covered by railway receipt), Sec. 79 (Weighment of consignment on request of the consignee or endorsee); Railway (Punitive Charges for Overloading of Wagon) Rules, 2005 - Rule 3 (Punitive charges for overloading) – Questions (A) Whether the weighbridge at the point of re-weighment was defective at some point of time earlier and therefore, the claim of the Railways was misconceived, being a disputed question of fact and (B) whether the request for reweighment could have been made only by the consignor and not by the consignee or his endorsee, could be agitated by the aggrieved party by way of statutory remedy provided under the Railways Act before the Railway Claims Tribunal or in a suit or before any other statutory forum.

Section 73 of the Railways Act postulates punitive charges for overloading a wagon and proviso thereto amplifies its scope by stipulating that it shall be lawful for the Railway administration to unload the goods loaded beyond the capacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account. Rule 3 of the Rules of 2005 also empowers the Railway administration to recover punitive charges on account of overloading of commodities from the consignor, the consignee or the endorsee, as the case may be, for the entire weight of the commodities loaded beyond the permissible carrying capacity for the entire distance to be travelled by train hauling the wagon from the originating station to the destination point, irrespective of the point of detection of overloading. Indisputably, the writ petitioner on being informed, shifted the goods in the underweight wagons and thereafter only the train could depart. It is for this reason of overloading in the wagons at the instance of the writ petitioner and detention of the train, the Station Manager (Goods) imposed a penalty, as provided under Section 73 of the Railways Act. Relied – Division Bench judgment of this Court in S. Goenka Lime & Chemicals Limited vs. Union of India and Another, AIR 2016 MP 70.

UNION OF INDIA AND OTHERS Versus M/S S.R. FERRO ALLOYS