SINDH TRANSPORT CO Vs. NAGAR PALIKA PARISHAD DATIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks a writ to quash the notification in Madhya pra-desh Rajpatra dated 13-41973 by which the rate of fee for motor vehicles stopping at the Bus-Stand has been enhanced to Re. 1/- per vehicle from .50 p. per vehicle charged previously,

(2.) The petitioner is an owner of several stage carriages (buses) operating in Gwalior region. In the course of operation of his permits on Gwalior to Jhansi via Datia and Datia-Seondha and Datia-Chhatarpur routes he is required to halt his buses at Datia Bus-Stand. Datia Bus-Stand was constructed by State Government prior to 1956. The Government of Vindhya pradesh took a decision to hand over the Bus-Stands in the State to the Municipal Boards. In pursuance of this decision, they directed the Collector, Datia to give management of the Bus-Stand to Municipal Board, Datia. The District Magistrate (Collector) purporting to exercise powers under R. 89 (b) of C. P. & Berar Motor Vehicles Rules as were applicable in Datia at that time, transferred the management of the Bus-Stand in Datia town within municipal limits to Municipal Board, Datia, It was further directed that Municipal Board, Datia was authorised to charge-/8/ (.50 Paise) per day per vehicle for using the Bus-Stand and further directed the Board to maintain the Bus-Stand property. The transfer of the Bus-Stand was duly notified in M. P. Rajpatra, dated 27-10-1956. The Municipal Committee, Datia is a successor of the Municipal Board and is constituted under the M. P. Municipalities Act, 1961.

(3.) The petitioner as also other bus-operators were paying at the rate of .50 p. per day for each vehicle for the use of the Bus-Stand when in April 1973 by a notification the Municipality, Datia enhanced the rate to Re. 1/-. On 13-4-1973, a notification was published in M. P. Rajpatra, Part III (1) under the authority of Chief Municipal Officer, Municipality, Datia stating that the charge of .50 p. was being increased to Re. 1/- per day per vehicle and that the same would come in operation on the expiry of 30 days from the date of publication i. e. with effect from 13th May 1973. The notification was issued in exercise of powers under Section 130 of the M. P. Municipalities Act. 1961 in pursuance of resolution No. 10, dated 14-3-1973 passed by the Municipal Council, Datia. The petitioner challenges this notification on the ground that the municipality has no power to enhance the rate and the notification issued is in excess of their powers and liable to be struck down.