[Civil Appeal No. 7821 of 2013 arising out of SLP(C) No.20997 of 2008]. [Civil Appeal No. 7822 of 2013 arising out of SLP(C) No.18332 of 2010]. We are in these cases concerned with the question whether the appellant, Nagar Panchayat, Kurwai (in Civil Appeal No.7821 of 2013 @SLP(C) No.20997 of 2008) is justified in demanding any fee, for the parking of the motor, trucks and buses in the bus stand, owned and maintained by the Nagar Panchayat. The High Court held that Nagar Panchayat has no power to collect that amount and allowed the writ appeal against which the Nagar Panchayat has come up with this appeal. The appellant in exercise of the powers conferred under Section357(3) read with Section 349(2), 357 (5) and 358(4) (b) and (d) of Madhya Pradesh Municipality Act, 1961, imposed parking fee on the owners of vehicles, motors, trucks, buses, matadors etc. Following that a notice was issued by the appellant demanding Rs.20/- per day or Rs.600/- per month, imposing entry fees on motors, trucks, buses and matadors parked in the bus stand. Challenging the same, writ petition was preferred by the vehicle owners before the High Court of Madhya Pradesh at Jabalpur, seeking a writ of certiorari to quash the above-mentioned bye-law and also for a direction to the Nagar Panchayat not to collect any fees from the petitioners.
↧
