MUNICIPAL COUNCIL BHOPAL Vs. SINDHI SAHITI MULTIPURPOSE TRANSPORT CO OP SOCIETY LIMITED

JUDGEMENT

(1.) On 6-11-1964 the Municipal Council of Bhopal made bye-laws under the provisions of Section 358 (7) (f) and (m) read with Section 349 (ii) of the Madhya Pradesh Municipalities Act, 1961 after previous publication in the M. P. Rajpatra as required under Section 357 (4) and confirmation by the State Government under Section 357 (3) in respect of a Municipal bus stand. Bye-law 2 of the bye-laws provided that no person incharge of a motor-bus plying for hire shall for the purpose of taking up or setting down of passengers, park or stop his bus anywhere within the limits of the Bhopal Municipality except at the Municipal Bus Stand. The other bye-laws provided for a levy of a fee of Re. 1/- for every eight hours or part thereof in respect of the use of the bus stand by such buses and for the issue of a permit on such payment. On 13-11-1964 the respondents filed a writ petition in the High Court of Madhya Pradesh challenging the said bye-laws. The High Court held that bye-law 1 (c), which defined the expression 'Municipal Bus Stand' and bye-law 2, which has been set out earlier, were valid but held bye-laws 3 to 7, which provided for the payment of fee and the giving of a permit etc., as invalid, and restrained the Municipal Council from giving effect to those bye-laws in any manner. The Municipal Council was also directed to refund the fee collected from the respondents. This appeal has been filed by the Municipal Council by certificate granted by the High Court.

(2.) Section 349 (ii) of the Madhya Pradesh Municipalities Act reads:

(3.) Let us now consider if under the provisions of Section 358, already extracted, the Municipal Council can validly make the present bye-laws. It is not possible to relate the provision of clause (f) of sub-section (7) as having anything to do with the provision of a bus stand. As regards clause (m) of sub-section (7) "the regulating and prohibiting the stationing of carts......on any ground under the control of the Council or the using of such ground as halting place of vehicles" cannot be said to relate to the provision of a Municipal bus stand. The power to regulate or prohibit the use of municipal land as halting place of vehicles cannot be used to compel people to use such land as halting places. Such a power must be specifically given. Compare this section with Sections 270-B and 270-C of the Madras District Municipalities Act, 1920, which reads as follows :