VidhiSangh

Supreme Court of India · 21/03/2024

UNION OF INDIA versus M/S INDIAN OIL CORPORATION LTD.

[2024] 3 S.C.R. 1051 · 2024 INSC 243

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Summary

A challenge to the legality of a notified railway freight distance was distinct from a claim for excess billing under an otherwise valid charge. Section 106(3)’s six-month notice requirement governed overcharges, not inherently illegal charges. Indian Oil paid freight for the notified 444 km, later corrected to 334 km. The Railways failed to substantiate the old distance or explain the 110 km difference through changed rounding methodology. The Court held the old distance illegal and dismissed the Railways’ appeals against the refund judgment.

Issues

  1. Whether Section 106(3) covered a challenge to an inherently illegal notified charge.
  2. How an overcharge differed from an illegal charge and when the notice requirement arose.
  3. Whether the reduction from 444 km to 334 km established an error or merely a prospective policy change.

Provisions considered

Held

Result

Railways’ appeals dismissed; High Court refund judgment upheld. Parties to bear their own costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 1051.