In furtherance thereof, the municipalities had set up bus stand at a companysiderable expenditure and fee was levied for the use of the bus at varied rates by the owners of the motor vehicles.
1 of the bye laws says that all motor vehicles which run on fare shall be parked only at places specified by Nagar Palika and number at any other place.
The same direction was reiterated in their further letter dated August 23, 1960 impressing upon the municipality to establish the bus stand urgently and report the action taken in that behalf.
When the appellant Board demanded payment of the fee at the rate of Rs.
CMWP No.
The resolution dated February 25, 1961, Item No.
4 envisages that numberprivate stand shall be made for any parking of any motor vehicle within the limits of Nagar Palika.
The admitted position is that all the respondents are transport operators using for their stage carriages the bus stand set up by the appellant Board in Hapur.
Item No.
0.75 per day, though they had been paying fee earlier at the rate of Rs.
0.50 per day, they companytended that the municipality was devoid of power.
The Government in their order dated June 13, 1959 had directed the appellant and all other municipalities as under I am therefore to request that you may kindly advise all the municipal bodies in your districts to take steps to establish bus stands within their municipal limits in accordance with the Government Orders so that numberinconvenience for parking motor vehicles.
In Schedule A to the said Resolution, Item No.3 levy of fee has been imposed for parking vehicles.
The High Court in the impugned judgment relying upon Jagdish Prasad Bindla vs. Municipal Board Atroli Anr.
IN C.A. NO.
472/80 This appeal by special leave arises from the judgment of the Division Bench of the Allahabad High Court made on November 8, 1979 in CMWP NO.13/78.
3976 of 1973 decided on July 18, 1979 had allowed the appeal and quashed the demand without the municipality has the power to levy fee demand the payment thereof for use of the bus stand ?
