HIND TERMINALS PVT LTD THROUGH ITS DIRECTOR vs UNION OF INDIA & ANR

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31st January, 2025 + W.P.(C) 12142/2019 HIND TERMINALS PVT LTD THROUGH ITS DIRECTOR .....Petitioner Through: Mr. Piyush Sharma, Mr. Rahul Khosla, Mr. Pankaj Prakash, Mr. Sarang Rastogi, Ms. Shweta Singh and Mr. Ramit Jain, Advocates. versus UNION OF INDIA & ANR .....Respondents Through: Ms. Arunima Dwivedi, Ms. Kritika Sharma and Ms. Pinky Pawar, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India for a direction to Respondent No.2/Northern Railways to refund an amount of Rs.90 Lacs to the Petitioner along with interest @ 12% per annum from 10.04.2015. 2. Case of the Petitioner as averred in the writ petition is that on 31.05.2011, Respondent No.1 issued Freight Marketing Circular No.14 of 2010 introducing policy guidelines on Private Freight Terminal (‘PFT’). On 23.04.2012, Respondent No.2 issued the Revised PFT Scheme in supersession of Circular No.14 of 2010 and Freight Marketing Circular No.05 of 2012 was notified stipulating guidelines for regulating PFT, a Signature Not Verified Digitally Signed W.P.(C) 12142/2019 page 1 of 7 By:KAMAL KUMAR Signing Date:05.02.2025 16:58:52 terminal set up on private land through private investments for handling all types of traffic. 3. It is averred that being a private container operator, Petitioner applied for requisite consents and approval for a Greenfield PFT served by Palwal Railway Station on Tughlakabad-Palwal Section over Delhi Division, in accordance with PFT Policy 2012. In compliance with para 9.1 of the PFT Policy 2012, Petitioner remitted a sum of Rs.1 Crore on 19.06.2012 towards application fee. By letter dated