DHENKANAL MUNICIPAL COUNCIL Vs. A RAJA RAO

JUDGEMENT

(1.) KULDIP SINGH, J.: - The question before the High Court was whether the levy of fee under Section 295(2) of the Orissa Municipal Act, 1950 (the Act) was unjustified for non-compliance of the principle of quid pro quo. The High Court answered the question in the affirmative and quashed the collection of the fee and restrained the Municipal Council from enforcing the demand. This appeal by way of special leave is against the judgment of the High Court by Dhenkanal Municipal Council.

(2.) THERE is a Hat (weekly market) known as "Darbar Hat" within the jurisdiction of Dhenkanal Municipal Council. Market is held in the said Hat every Sunday. Large number of people congregate for sale/ purchase of various articles like cattle, food stuffs and groceries etc. During the financial year 1973-74 sum of Rs. 36,000.00 was recovered by the Municipal Council as fee from the traders who attended the market. In the year 1974-75 the fee collected by the Municipal Council was Rs. 46,600 / -.

(3.) THAT the following amenities have been provided by the Municipality till today. The Hat road leading from National High way to the Hat which is utilised only for the purpose of Hat has been electrified at huge cost. There was an existing well which is maintained, There are three existing tin shades for the purpose of the vendors displaying their articles for sale. There are two half constructed shades meant for the above purpose.