- (1.) WE have heard learned counsel appearing for the petitioner.
(2.) THE petitioner is running a Marriage Hall in Ajmer in the name of "Chauhan Palace", in an area of 1500 sq.mtrs. By this writ petition, he has prayed for the following reliefs: - (i) by issuing an appropriate writ, order or direction quash declare the Model Byelays (Marriage Halls) 2010 and Amended Byelaws 2013 as illegal and arbitrary and thereby quash and set aside the impugned notices dated 6.6.2014(Annexure -4) and 22.8.2014 (Annexure -6). (ii) Any other appropriate relief, which is deemed just and proper in above mentioned facts and circumstances, may also be granted to the petitioner alongwith costs of the writ petition."
(3.) THE Model Bye -laws, made applicable to the Nagar Nigam, Ajmer, provided for payment of license fees on the basis of category of Nagar Nigam, excluding Jaipur. In Jaipur, the license fees was provided to be Rs.50,000/ -, whereas in other Nagar Nigams at Rs.30,000/ -, in Nagar Parishad at Rs.20,000/ -, in Nagar Palika Grade -II and III at Rs.10,000/ -, and in Nagar Palika Grade -IV at Rs.5,000/ -. It appears that the representations were made by the marriage halls in the municipal bodies to maintain uniformity, and thus, considering the inconvenience and the pollution caused in the City areas on account of running of the marriage gardens, the bye -laws were amended by Notification dated 27.12.2012, classifying the marriage gardens on the basis of the area, and accordingly, the registration/license fees was provided for the area of 1000 sq.mtrs. at Rs. 10,000/ - per year, 1000 to 1500 sq.mtrs. at Rs.20,000/ -, 1500 to 2500 sq.mtrs at Rs.30,000/ -, 2500 sq.mtrs to 5000 sq.mtrs. at Rs.50,000/ -, and above 5000 sq.mtrs at Rs.60,000/ - per year. The sanitation charges were also increased in the Bye -laws, and certain mandatory conditions were imposed including availability of toilets, submission of computer layout plan, arrangement of fire fighting equipments etc.;