DOCTORS FORUM PUTTUR Vs. TOWN MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS petition is filed for quashing the Resolution Nos. 166 and 173 dated April 29, 1996 passed by the 1st respondent and published in the newspaper dated May 31, 1995 levying licence fees on nursing homes and clinics with, a further writ in the nature of declaration that the Municipality cannot prevent the rate payers and the members of the petitioners forum from utilising the garbage disposal infrastructure of the Municipality and to dispose of the garbage generated within the limits of the municipality.

(2.) ). In view of the Resolution Nos. 166 and 173 dated April 29, 1995, the Municipality issued a notification dated May 29, 1995 as per Annexure A and published the same in the various newspapers levying licence fee on nursing homes and clinics along with other items. The petitioner made a representation to the 1st respondent not to impose such licence fee as there is no authority of law; for which the municipality in turn replied to the petitioner on July 28, 1995 requesting them to pay the licence fee and to assist them in the development of the municipal area. After certain protracted proceedings, the Municipality issued a notice dated February 29, 1996 under Sec. 256 (a) and (b) calling upon the petitioners to secure licence in order to run the clinics and nursing homes and in default of which, action would be taken against them.

(3.) SECTION 256 (1) of the Karnataka Municipalities Act, 1964 (hereinafter called 'the Act') reads as follows :-