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2018 DIGILAW 332 (MP)

Indore Railway Station Car Taxi Union v. Union of India

2018-03-19

P.K.JAISWAL, VIRENDER SINGH

body2018
ORDER 1. Heard on the question of admission. 2. By this intra-Court appeal the appellant is challenging the order dated 31.1.2018 passed by the writ Court by which the learned writ Court dismissed the writ petition on the ground that the entire area has been cleared to help facilitate smooth movement of traffic. It is also observed that the Indore railway station as it is in a thickly populated area and the approach to the railway station by the public at large has become vulnerable, therefore, in public interest, the aforesaid action has been taken by the railway on the basis of communication dated 16.2.2010 related to fixation of rental for taxi stand at the Indore Railway Station. 3. Learned counsel for the appellant has drawn our attention to the decision of the apex Court in the case of Senior Divisional Commercial Manager and Others v. S.C.R. Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association and another, reported in AIR 2016 SC 668 =LAWS (SC) 2016 Page 175 and submitted that the order is contrary to the law laid down by the apex Court. 4. Per contra, Shri Amitabh Upadhyay, learned counsel for the respondent has submitted that the permission granted was temporary permission and all the place has been cleared to help facilitate smooth movement of traffic, the action of railway is in public interest and prayed for dismissal of the writ appeal. 5. On due consideration, so also the fact that Indore Railway Stand is in a thickly populated area, no case is made out to modify the order passed by the writ Court or quash the communication dated 16.2.2010 which was impugned in the writ petition. Consequently, the writ appeal is hereby dismissed.