HC allows pay & use toilet operator within Rly premises to continue on ad-hoc basis

Kolkata: In observing that the astronomical increase in the half-yearly licence fee charged by the Railway authorities for operation of pay and use toilet within Railway premises was “arbitrary and unreasonable for the face of it,” the Calcutta High Court recently directed the Railway authorities to restore the possession of pay and use toilet operated by the petitioner on an ad hoc basis.

The petitioner had challenged the ouster for non-payment of the half-yearly payment claimed by the Railway authorities for a pay and use toilet operated by the petitioner. It was submitted that an amount of Rs 2,66,701 was claimed as half yearly payment from January 15 to July 14 this year. Due to non-payment of the same, the pay and use toilet being operated by the petitioner by virtue of a previous contract was put under lock and key by the Railways.

Counsel for the petitioner submitted a communication dated March 10, 2023, in respect of previous license tenure, wherein an amount of Rs 4,719 was claimed for the half yearly period between January 15 to July 14 last year.

It was argued that such exorbitant and inordinately high claim of the Railway authorities is de hors all principles of natural justice and without any material basis whatsoever.

According to the facts of the case, the petitioner had participated in a tender and was issued the contract to operate the pay and use toilet on Railway property.

“The previous licence fee charged for a half yearly period was Rs.4,719. Thus, the astronomical increase of such meager amount to Rs. 2,66,701 within the span of a single year, which has been insisted upon by the respondent authorities for renewal of the agreement with the petitioner, is arbitrary and unreasonable on the face of it. Hence, the action taken pursuant thereto, for non-payment of the said arbitrary amount by the petitioner, in ousting the petitioner without due recourse to the process of law is also prima facie illegal. In view of such a strong prima facie case having been made out by the petitioner, the writ petition is required to be heard on its merits,” Justice Sabyasachi Bhattacharyya observed.

Justice Bhattacharya directed the Railway authorities to restore the possession of the pay and use toilet in favour of the petitioner.

However, such restoration will be on an ad hoc basis and subject to the ultimate result of the writ petition. Accordingly, the Railway authorities were directed to file their affidavits-in-opposition by June 21 and the matter will be listed in the monthly list of July this year.

Upon such restoration, the petitioner shall be entitled to carry on operating the same subject to payment of an amount of Rs 5,000 as an ad hoc amount, which will also be subject to the outcome of the writ petition, the Court ordered.