JAGDISH CHANDRA AND OTHERS Vs. STATE OF UTTAR PRADESH AND ANOTHER

JUDGEMENT

(1.) The petitioners in this and in the connected writ petition own and ply public carrier vehicles for transporting goods to areas comprising district Pithoragarh and onwards. The second respondent, namely, the Municipal Board, Pithoragarh (hereinafter referred to as the Board) made certain amendments in the Bye-laws of the Board by a notification No. 42/23-242 dated Oct. 14, 1970 levying entry and parking fee, halting charges etc. on the vehicles passing through the territorial limits of the Board. This notification has been challenged in these two writ petitions and hence they are being disposed of by this common judgment.

(2.) Earlier the Deputy Commissioner, Pithoragarh by a notification No. 1052/23-197 dated 5th March, 1965, issued under Sec. 298 (2) List I A. H. B. of the U. P. Municipalities Act, 1916 framed bye-laws in exercise of the powers conferred under Sec. 301 (2) of the said Act. This notification is material and is reproduced below:-

(3.) No Driver of Motor Bus, Lorry, Truck, Jeep, Car Station Wagon plying on commercial basis will be allowed to enter for loading and unloading purposes in Similagir Bazar, Naya Bazar, Dharamshala Road from Junction below Civil Hospital to D. S. S. and A Board's Office, Khari Gali Road in between Old and New Bazar unless he pays Rs. 5/- (five) in advance as fee at respective barriers. Successive charges of Rs. 2.00 (two) will be levied for each continuing hours." These amendments purport to have been made according to the provisions of Sec. 298 (2) I-II (b) (m) of the U. P. Municipalities Act. As a result of these amendments a minimum parking fee of Rs. 2.00 was to be paid for every motor vehicle parked within the limits of the Board and restrictions on the motor vehicles to enter certain localities was removed but entry in certain localities was permitted only on the advance payment of Rs. 5/- on the barrier and a charge of Rs. 2.00 for every hour of halting. The penalty clause for breach of the rules was abolished.