OM PRAKASH Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution challenges bye-law 15 of the notification made under Clause (b) described in List I of Section 298(2) of the U.P. Municipalities Act, (Hereinafter referred to as the Act). Clause (b) of the aforesaid provision provides:--

(2.) Claiming himself to be the operator of stage carriage on the Bulandshahr, Anupshahr, Debai, Ramghat, Shikarpur, Balore, Narora route, the present petition was filed by Om Prakash on the ground that bye-law aforesaid was beyond the power of the Municipal Board, therefore, it was invalid. The bye-law provides imposition of Tehbazari in various sub-clauses of clause (2) of the Act. Sub-clause (15) deals with the imposition of fee on passenger buses and trucks @ Rs. 10/- per trip. It was contended by the petitioner's counsel that Tehbazari can be charged for use of land belonging to the Municipal Board, but as the petitioner's enter in Municipal Board only for dropping and picking up passengers, no fees is chargeable under clause (b) of E of List I aforesaid. In this connection, it was urged that public at large has a right to use the public streets for passing or repassing without permission of the Municipal Board, hence the Municipal Board could not frame any bye-law imposing fee on the entry of the vehicles to its jurisdiction.

(3.) Section 298(1) of the Act provides that Board by a special resolution may and where required by the State Government shall, make bye-laws applicable to the whole or any part of the municipal consistent with this Act and with any rule, for the purpose of promoting or maintaining health, safety and convenience of the inhabitant of municipality and for the purpose of municipal administration under this Act. Sub-section (2) empowers the board to make bye-law described in List I.E. of List I deals with streets.