KOMAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Nagar Panchayat Raya published an advertisement for settling the right to collect parking fees in respect of five places identified as Raya- Sadabad Road, Raya- Baldev Road, Raya-Mant Road and two other places.

(2.) Counsel for the petitioner before this Court is stated to have offered highest bid in the auction held for collection of the parking fees in respect of five places including the three identified above.

(3.) A complaint was made that absolutely no facilities are available at the parking places notified as Raya- Sadabad Road, Raya- Baldev Road, Raya-Mant Road. Sub Divisional Magistrate made spot inspection and thereafter submitted a report on 19.10.2013 to the Chairman/Executive Officer, Nagar Panchayat pointing out that except for the Tin Shade there were absolutely no facilities provided at the aforesaid three parking places. Under the Government Order 18th July, 1993 it is specifically provided that the parking fees can only be realized if an area specifically demarcated for the purpose of parking of vehicles and facilities of male/female washroom, drinking water and waiting shade is provided. Since no such facilities exist, it has been directed that the contract for collection of the parking fee be cancelled, inasmuch as right to collect parking fees cannot be extended to realization of parking fees only because the vehicles stop at the roadside on a particular place.