LawforAll

Showing posts with label Nagar Panchayat. Show all posts
Showing posts with label Nagar Panchayat. Show all posts
Saturday, September 7, 2013

whether the appellant, Nagar Panchayat, Kurwai (in Civil Appeal No.7821 of 2013 @ SLP(C) No.20997 of 2008) is justified in demanding any fee, for the parking of the motor, trucks and buses in the bus stand, owned and maintained by the Nagar Panchayat. 3. The High Court held that Nagar Panchayat has no power to collect that amount and allowed the writ appeal against which the Nagar Panchayat has come up with this appeal.= Section 358(7)(m) of the Madhya Pradesh Municipalities Act, 1961 is extracted hereinbelow: “358(7)(m) : regulating and prohibiting the stationing of carts or picketing of animals on any ground under the control of the Council or the using of such ground as halting place of vehicles or animals or as a place for enactment or the causing or permitting of any animal to stay and imposition of fee for such use.”= The High Court of Madhya Pradesh at Jabalpur disposed of the Writ Appeal No.147 of 2010 placing reliance on the Judgment of this Court in Municipal Council, Bhopal (supra). The facts of Civil Appeal No.7822 of 2013 @ SLP(C) No.18332 of 2010 are also identical. Since we have found no illegality in demanding the parking fee in using the Bus stand in Civil Appeal No. 7821 of 2013 @ SL(C) No.20997 of 2008, Civil Appeal No.7822 of 2013 @ SLP(C) No.18332 of 2010 is liable to be allowed. Consequently, both the appeals are allowed. The judgments of the High Court are accordingly set aside and the Resolution passed by the appellants imposing the bus stand fee is upheld. However, there will be no order as to costs.

                          published in   http://judis.nic.in/supremecourt/imgst.aspx?filename=40736                                      ...