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2015 (12) TMI 1697 - SC - Indian LawsEligibility of awarding of contract of lease of FSLR and VP - lease the luggage space in FSLR to traders and other interested persons after inviting tenders from them - Held that:- Railway tariff no doubt has to be realistic and keep pace with time and if the State so perceives, need not be a losing financial proposition. While it may be both pragmatic and sagacious to auction FSLR & VP it can be done with an objective of gathering the optimum revenue. It has not been contended before us nor is any material available disclosing that the tariff itself has been increased by adherence to the statutory procedure. We are, however, unable to accept the argument articulated on behalf of the Appellant that the Respondents are not entitled or empowered to auction the space for a particular period. It may do so provided the auction contractor adheres to the prescribed tariff. We permit a period of three months to the Respondents to comply with the impugned Judgment of the Division Bench. The Appeal is accordingly disposed of in these terms. The Respondents are directed to ensure that the successful tenderer, in our case, Respondent No.4, does not charge carriage prices in excess of those prescribed by the Respondents in Coaching Tariff No. 24 Part III. It will be seen that this direction is not drastically different to that contained in the impugned Judgment since the fixation of “the outer limit or the upper limit of rates chargeable by the contractor” would have been carried out by complying with a procedure envisaged by law. The Judgment of the Division Bench is upheld, but to this extent only.
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