P.K.PALLI, J. - (1.) All these writ petitions involve common questions of law and further raise common questions of facts and hence these are proposed to be disposed of by a common order.
(2.) The facts are taken from D.B. Civil Writ Petition No. 3894 / 1988 : Straw Products Ltd. and another v. Union of India and others. It is said in the petition that the petitioner is carrying on the business of manufacturing and selling cement and for running the business the coal is required for manufacturing purposes. The requirement is decided by the Coal Linkage Committee comprising of the Railway Officials and Officials of the Collieries, Officials from the Ministry of Coal and Officers of the Development Commissioner for Cement Industries, Government of India. The quota is decided in the said Committee whereafter the coal is purchased from M / s. Coal India Limited or from its subsidiaries as per quota sanctioned by the Committee.
(3.) The said coal is transported through the Railway wagons from the Collieries and the loading is done under the supervision of the Railway authorities and the petitioner has nothing to do with the same. The wagons are loaded by the Coal India Ltd. and the Railway authorities are required to see that the coal is loaded only to the extent of carrying capacity. It is next stated that weigh bridges are in the control of the Railway department and the wagons are weighed there. If the quantity is found in excess, the Railways are empowered to unload the excess weight, since the petitioner has no control over the weigh bridges. Under Section 47 of the Indian Railways Act, 1890 that rule making power is given to the Central Government and under clause (8) the Central Government is to make rules for regulating the terms and conditions on which the Railway administration shall carry goods from one place to another. It is under this power that the rules have been published in the Goods Tariff No. 37, Part I. These rules have the statutory force. Section 54 of the Act empowers the Railway administration to impose conditions for receiving, forwarding and delivering of the goods in such manner that these are not inconsistent with the Act and the Rules framed thereunder. For facility of reference, Sections 53 and 54 of the Act are reproduced hereunder : '53. Maximum carrying capacity for wagons :-- (1) The gross weight of every wagon or truck bearing on the axles when the wagon or truck loaded to its maximum carrying capacity shall not exceed such limit as may be fixed by thy they the Central Government for the class of axle under the wagon or truck. (2) Subject to the limit fixed under subsection (1) every Railway administration shall determine the normal carrying capacity for every wagon or truck in its possession and shall exhibit the words and figures representing the normal carrying capacity so determined in conspicuous manner on the outside of every such wagon or truck. (3) Every person owning a wagon or truck which passes over a railway shall similarly determine and exhibit the normal carrying capacity for the wagon or truck. (4) Notwithstanding anything contained in sub-section (2) or sub-section (3), where a railway administration thinks it necessary or expedient so to do in respect of any wagon or truck carrying any specified class of goods or any class of wagons or trucks of any specified type, it may, by notification, vary the normal carrying capacity for such wagon or truck or such class of wagons or trucks and, subject to such conditions as it may think fit to impose, determine for the same such carrying capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or class of wagons or trucks : Provided that in no case the gross weight of such wagon or truck or such class of wagons or trucks shall exceed the limit fixed under sub-section (1) for the class of axle under the wagon or truck.' 54. Power for Railway administration to impose conditions for working traffic: - (1) Subject to the control of the Central Government the Railway administration may impose conditions, not inconsistent with this Act or with any general rule thereunder, with respect to the receiving, forwarding or delivering of any animals or goods. (2) The Railway administration shall keep at each station on its railway a copy of the conditions for the time being in force under sub-section (1) at the station, and shall allow any person to inspect it free of charge at all reasonable times. (3) A railway administration shall not be bound to carry any animal suffering from any infectious or contagious disorder.;