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Nirmala Devi v. Union Of India And Others - WRIT - C No. 7028 of 2006 [2006] RD-AH 2837 (7 February 2006)


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Civil  Misc. W.P. No.  7028 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

Connect with Writ Petition No. 2977 of 2006.

If the licence fee to be charged by the vendors on the railway platforms is enhanced unreasonably, beyond the paying capacity of the vendors after leaving the margin of their own livelihood, it may, encourage the tendency on part of the vendors to adopt various malpractices to compensate for the decline in their profits which is the source of the livelihood of those vendors and their families. Therefore, while the railways may be justified in imposing or charging licence fee on the basis of turn over of those vendors, but while imposing such enhanced licence fee, it must be shown that the turn over of the particular vendor has been assessed after taking into account the relevant considerations, for example, the number of trains halting at the railway station, the number of passengers or their companions visiting the railway station, the items being sold by the vendors and the margin of profit on these items.

In the circumstances, Sri Govind Saran representing the respondents No. 1, 2, 3 and 4 may file a counter affidavit justifying the assessment of the turn over in respect of the petitioner enclosing the necessary documents and, consequently, justifying the enhancement of the licence fee.

In the meantime, the petitioner's contract will not be cancelled or disturbed for its duration, on the ground that the enhanced licence fee is not being paid or deposited by the petitioner provided the petitioner deposits and continues to pay the licence fee at the old rates.  

Dated : February 7, 2006



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