BHUWAN KISHORE AWASTHI Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) The writ petitioner has filed this writ petittion challenging the resolution of the Jharsuguda Municipality dated December 22, 1995 and consequential office order dated April 12, 1996 passed by the Executive Officer, Jharsuguda Municipality cancelling the lease granted to the petitioner by Memo/Office letter No. 1689/JM/Tax -lll dated May 15,1995 (Annexure -C/1).

(2.) THE petitioner in this writ petition has stated that he was granted the lease to collect fees from the Municipality check gates for entering/parking of heavy vehicles inside Jharsuguda Municipal area for Rs. 50,000/ - per year for a period of three years commencing from May, 15, 1995. It is the case of the petitioner that the impugned cancellation is totally illegal and arbitrary and the same is contrary to the principles of natural justice inasmuch as the lease has been cancelled without affording him any opportunity of hearing.

(3.) THE materials on record, i.e., annexures to the writ, petition and to the counter of the Municipality clearly point out that the petitioner applied for obtaining the right to collect entry fee and such right for collection of entry fee was given to him by the Municipality. It appears that some time in 1990 the Municipality imposed a road development fee at the rate of Rs. 5/ - for each truck and heavy vehicle passing through the by -pass of the Municipality. Subsequently the said imposition was withdrawn in August, 1994. The said entry fee was re -imposed in 1995. It appears that the petitioner submitted an application before the Chairman of the Jharsuguda Municipality on April 27, 1995. The relevant portions from the said application (Annexure -A/1) are quoted below : '...That it has come to my notice that previously Jharsuguda Municipality was imposing fees from the heavy vehicles entering into the Municipality premises. But the same has been stopped since August, 1994. That, further it has come to my knowledge that the Municipality Authority has again decided to impose the above to raise their sources of income. Under the circumstances stated above, I request your honour to kindly consider my case favourably and accorded (sic) the lease in my favour for three years...' It will appear from the said application that the Municipality proceeded to re -impose entry fee and the petitioner applied for obtaining the right to collect such fee. The letter dated May, 15, 1995 issued by the Executive Officer, Jharsuguda Municipality (Annexure -C/1) was also clear that the petitioner was given right to collect miscellaneous fees from the heavy vehicle entering into Jharsuguda Municipality area at the rats mentioned therein. Thus, we are unable to accept the allegation that the petitioner was given the right to collect parking fee as contemplated by Section 309 of the Orissa Municipal Act, 1950.