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Chhogalal Vs. State of Rajasthan and anr. - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 221 of 1972
Judge
Reported in1972WLN437
AppellantChhogalal
RespondentState of Rajasthan and anr.
DispositionPetition allowed
Excerpt:
.....place used as motor stand within the limits of a local authority shall be dealt with as a public place and it is only the regional transport authority that can regulate, by prescribing rules, the use of such place by the owners of public service vehicles. it is only the regional transport authority that can prescribe fees to be paid by the owners of the public service vehicles for using such places. municipality does not come in the picture at all to charge fee or rent for the use of such land which has been declared by the regional transport authority as motor stand or halting place under section 76 of the motor vehicles act read with rule 134 of the rajasthan motor vehicles rules, 1061. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules,..........has filed this writ petition challenging the validity of the resolution adapted by the municipal board jalore, on 28th of june, 1971, demanding as licence fee or rent rs. 15/- per month per bus for the use of the bus stand in the town of jalore.2. contention of the petitioner is that bus stands are fixed by the regional transport authority under section 76 of the motor vehicles act read with rule 134 of the rajasthan motor vehicles rules, 1951, and it is only the regional transport authority that can prescribe any fee to be paid by the owners of the public vehicles for the use of the place earmarked as a bus stand. according to the petitioner, the municipal board, jalore, has no authority to charge either fee or rent from the bus owners for the use of the bus stand where it is.....
Judgment:

V.P. Tyagi, J.

1. Petitioner Chhogala), who is a bus operator holding a permit on Jalore to Bagoda route, has filed this writ petition challenging the validity of the resolution adapted by the Municipal Board Jalore, on 28th of June, 1971, demanding as licence fee or rent Rs. 15/- per month per bus for the use of the bus stand in the town of Jalore.

2. Contention of the petitioner is that bus stands are fixed by the Regional Transport Authority under Section 76 of the Motor Vehicles Act read with Rule 134 of the Rajasthan Motor Vehicles Rules, 1951, and it is only the Regional Transport Authority that can prescribe any fee to be paid by the owners of the public vehicles for the use of the place earmarked as a bus stand. According to the petitioner, the Municipal Board, Jalore, has no authority to charge either fee or rent from the bus owners for the use of the bus stand where it is incumbent for the bus owners to stop their buses under the provisions of the Motor Vehicles Act.

3. A reply has been filed on behalf of the Municipal Board, Jalore, justifying its action for adopting the impugned resolution to charge rent at the rate of Rs. 15/- per bus per month for using the bus stand maintained by the Municipal Board in municipal area.

4. Learned Counsel appearing on behalf of the Municipal Board, Jalore, relying on bye-law No. 6 of the Municipal Board, Jalore (Temporary Occupations on Public Streets and Permission for Projection) Bye-laws, 1964, has urged that under Clause (b) of this bye-law the Municipal Board is empowered to change rent from the bus owners for using the bus stand in the municipal area. Bye-law 6(b) reads as follows:

6. (b). The following fee shall be charged for the temporary occupation of municipal lands in the main market or other streets for the commercial purposes like selling of milk, repair of shoes, selling of commodities of daily use in front of shops etc:(1) In main market Rs. 2/- per month for 3'x 4'(12 Sq ft.)(2) In other streets Rs. 1.25 ,, ,, ,, ,, ,,

5. The bare perusal of Clause (b) of bye-law 6 shows that it has empowered the municipality to charge the fee for using the municipal land temporarily for commercial purposes This bye-law does not empower the Board to levy or realise rent or licence fee for permanently using the land for stopping public vehicles at the place earmarked for this purpose by the Regional Transport Authority. It may also be mentioned that the act of stopping bus at a particular place under the order of the Regional Transport Authority would not fall within the expression 'commercial purposes' as used in the aforesaid bye-law 6(b).

6. Clause (b) of Rule 134 of the Rajasthan Motor Vehicles Rules, 1951 provides:

When a place has been notified or has been demarcated by traffic signs or both, as being a stand or halting place for the purpose of this rule, then, notwithstanding that the land is in possession of any person, the place shall, subject to the provisions of these rules, be deemed to be a public place within the meaning of the Act, and the Regional Transport Authority may enter into an agreement with, or grant a licence to any person for, the provision or maintenance of such place including the provision or maintenance of the buildings or works necessary thereto, subject to the termination of the agreement or licence forthwith, upon the breach of any condition thereof and may otherwise make rules or give directions for the conduct of such place, including rules or directions:

(i) prescribing the fees to be paid by the owners of public service vehicles using the place and providing for the receipt and disposal of such fees;

(ii) specifying the public service vehicles or class of public service vehicles which shall use the place or which shall not use the place; etc. etc.

7. The rule clearly lays down that the place used as motor stand within the limits of a local authority shall be dealt with as a public place and it. is only the Regional Transport Authority that, can regulate, by prescribing rules, the use of such place by the owners of public service vehicles. It is only the Regional Transport Authority that can prescribe fees to be paid by the owners of the public service vehicles for using such places. Municipality does not come in the picture at all to charge fee or rent for the use of such land which has been declared by the Regional Transport Authority as motor stand or halting place under Section 76 of the Motor Vehicles Rules, 1951.

8. Learned Counsel for the Municipal Board, Jalore, stated at the bar that the Municipal Board has no intention to implement the resolution Annexure 1 adopted by it and that no proceedings have yet been taken to realise tee or the rent from the petitioner or any other bus owner. In view of this statement of learned Counsel for the respondent No. 2 and also in view of the provisions of law as discussed above, the resolution adopted by the Municipal Board, Jalore on 28th of June, 1971 (Annexure 1) cannot be allowed to be enforced and it is therefore quashed.

9. The writ petition is accordingly allowed. No order as to costs.


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