IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 4958 of 1991 Date of decision : 25.08.2011 M/s East India Cotton Manufacturing Company Ltd. ...Petitioner Versus The General Manager, Central Railways, Bombay V.T. and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: None. **** RANJIT SINGH J. The petitioner, M/s East India Cotton Manufacturing Company Ltd., has filed this writ petition for quashing order dated 16.05.1989 whereby rent of plots No. 41 to 46 had been increased with retrospective effect requiring the petitioner to deposit an amount of ` 5,250/- as difference in security deposit. The petitioner had also sought direction for release of unloaded wagon lying at railway siding, Faridabad and further direction for the respondents not to withhold the delivery of coal. The writ petition came up for hearing on 23.04.1991 and was ordered to be admitted in the presence of counsel for the respondent-railways. The petitioner was directed to pay the enhanced rent with effect from the date of enhancement without prejudice to the rights of the petitioner as raised in the writ petition. The directions were also issued to release one wagon of the coal belonging to the petitioner forthwith. Civil Writ Petition No. 4958 of 1991 -2- The facts noticed in brief are that the petitioner used to seek consignment of coal from collieries, which was unloaded at the railway siding, Faridabad. The petitioner-company had rented six plots No. 41 to 46 for the purpose of using the same for storage where the wagons of the coal used to unloaded and stored. The petitioner-company, thereafter, used to transport the coal from the place of storage to the factory. This practice was being followed by number of industrial units. The plots No. 41 to 46 were on rent with the petitioner- company for more than 15 years. The company was paying rent at the rate of ` 2497/- per plot per annum since 1986. The petitioner- company first time received letter dated 02.07.1990 from siding incharge railway station. Informing that order dated 14.11.1989 was passed directing recovery of enhanced rent from the petitioner- company retrospectively w.e.f. 1986 to 1990. The petitioner-company was called upon to pay sum of ` 55,982/- towards the enhanced rent and sum of ` 5250/- towards difference in the security deposit. When a wagon of coal had arrived and was being not released, the petitioner had approached this Court. The wagon received had been unloaded at the siding. The petitioner was also informed that the delivery of the coal would not be released as the petitioner had not paid the enhanced rent. The petitioner, accordingly, challenged this action through the present writ petition raising number of grounds. The interim order noted above sufficiently protected the petitioner. Apparently, no grievance was raised subsequently and it can be assumed that the petitioner is receiving normal supply ever Civil Writ Petition No. 4958 of 1991 -3- since then. No reply has been filed. No one appears for the parties when the case is called. Apparently, this Court while admitting the writ petition had balanced the equity between the parties and had directed the petitioner to pay the enhanced rent from the date it was revised. The action of the respondents in charging rent from the retrospective date, apparently, did not find approval of the Bench admitting the writ petition. Otherwise also, it can be said that charging of enhanced rent from retrospective date would not be fair. However, the right of the respondents to enhance the rent cannot be a subject matter of dispute. If the petitioner wishes to avail this facility of storage that it may have to pay the rent that is demanded by Railways. At this stage, there is no need to go into the lis raised in the petition. The writ petition is, accordingly, disposed of. August 25, 2011 (RANJIT SINGH) rts JUDGE