HC disposes PIL against railway fare hike

MUMBAI: The Bombay high court on Monday disposed off a PIL against the railway fare hike after the Railways informed it that the hike was restricted only to 14.2 per cent for first class passengers. The counsel for the Railways also said that those commuters who had already purchased a pass for the entire year under the old rates in advance would not be charged the difference now.

The HC had in June refused to stay the railway fare hike observing that it was a policy matter and hence there was no question of granting any interim relief.

The HC had then said, "It is not disputed that for revising rates railways do not need approval of parliament. The railways rely on a ruling of 1974 of speaker of the parliament which says no approval of parliament is required for a fare hike."

Suresh Kumar counsel for the railway ministry said there was nothing to be argued in the matter now and hence it should end here since the hike was only by 14.2 per cent.

The HC was hearing a PIL filed by consumer group Mumbai Grahak Panchayat through its chairperson Shirish Deshpande to challenge the "exorbitant" hike said, "This is a policy decision where is the question of granting interim relief ?
advocate Uday Warunjikar lawyer for MGP had argued that the government had no justification to raise the fare.

In another PIL Ketan Tirodkar former journalist also challenged the hike but had not sought a stay.

Warunjikar said, "There are 75 lakh commuters daily in Mumbai. What's the urgency to bring out the hike at a short notice, when the parliament will be in session soon?" He had said "The revised rates are so shocking. It is a 186 percent hike and reflects adhoc behaviour."

The challenge in the PIL was to the notification issued on June 21 on fare hike to be effective from June 25.

The MGP advocate did not dispute there is power under railways act to fix dare hike by general or special order. His objection is to the exorbitant hike of over 180 percent. "The budget session is around the corner and fixation of fare hike date is arbitrary. And he prays for stay in season fares for Mumbai suburban commuters" the judges had observed while hearing the matter earlier.

The judge however had said said, "Railways Act of 1989 allows fare hike. There is a power also to fix the revised date. The MGP counsel says he is unable to point out any illegality as regards to fixation of date and given the magnitude of the hike such a short date need bit have been fixed."

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