CHAKRESH KUMAR JAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has sought to quash the bye-laws framed by Nagar Palika Parishad, Budaun whereby the owners of Nursing Homes, Clinics, etc- are required to obtain licence and pay fee for the same and the notices issued for realisation of fee.

(2.) The State Government issued a general direction on 27th April 1994 to the Nagar Palikas to frame bye-laws in respect of matters covered by Section 298 (2) of the U. P. Municipalities Act, 1916. The Nagar Palika Parishad, respondent No. 2, passed resolution on 23rd March, 1995, framing bye-laws. The resolution was affirmed in its meeting held on 11th November, 1995.

(3.) The bye-laws were published in the official gazette on 14th November, 1995. The bye-laws, inter alia, provided for obtaining licence and pay fee for the licence. The Nursing Homes, Private Clinics. Pathology Centres and Maternity Homes, etc. were required to pay licence fee as prescribed in the bye-laws. The validity of these bye-laws have been challenged in the present writ petition.