- (1.) 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. 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. When the appellant-Board demanded payment of the fee at the rate of Re. 0.75 per day, though they had been paying fee earlier at the rate of Rs. 0.50 per day, they contended that the municipality was devoid of power. The High Court in the impugned judgment relying upon Jagdish Prasad Bindla v. Municipal Board Atroli in CMWP No. 3976 of 1973 decided on July 18, 1979 had allowed the appeal and quashed the demand without any further consideration. The question is : whether the municipality has the power to levy fee and demand the payment thereof for use of the bus stand
(2.) 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 no inconvenience is experienced by the people for parking motor vehicles."
(3.) 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. In furtherance thereof, the municipalities had set up bus stand at a considerable expenditure and fee was levied for the use of the bus stand at varied rates by the owners of the motor vehicles. As regards the rates payable in respect of stage carriage, it was resolved that each stage carriage should pay at the rate of Re. 0.75 per day. The resolution dated February 25, 1961, Item No. 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 not at any other place. Item No. 4 envisages that no private stand shall be made for any parking of any motor vehicle within the limits of Nagar Palika. In Schedule A to the said Resolution, Item No. 3, levy of fee has been imposed for parking vehicles, viz., public and private bus carrying passenger at the rate of Re. 0.75 per day or part of the day. It would, thus, be seen that pursuant to the directions issued by the Government, the bus stands have been set up for the convenience of the travelling public at a great expenditure and for use of the parking places the fee has been prescribed.;