LexNAGAR PANCHAYAT, KURWAI & ANR. versus MAHESH KUMAR SINGHAL AND ORS.
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A B [2013] 8 S.C.R. 290 NAGAR PANCHAYAT, KURWAI & ANR. v. MAHESH KUMAR SINGHAL AND ORS. (Civil Appeal No. 7821 of 2013) SEPTEMBER 6, 2013 [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Municipalities - Madhya Pradesh Municipalities Act, 1961 - s.358(7)(m) - Appellant- Nagar Panchayat - If justified C in demanding any fee, for parking of motor, trucks and buses in the bus stand, owned and maintained by it - Held: Municipalities need funds for carrying out various welfare activities and for said purpose, it can always utilize its assets in a profitable manner to its advantage so that various welfare o activities entrusted to it under law could be properly addressed and implemented - Bus stand was provided by the Nagar Panchayat for benefit of all vehicle owners and the passengers, spending public money - Nagar Panchayat has to get a reasonable return for its upkeep and maintenance - E Article 243W(a)(i) and (ii) read with Entry 17 of the Twelfth Schedule of the Constitution and clause (7)(m) of s.358 of the Madhya Pradesh Municipalities Act and the general principle that nobody has a fundamental right to use the land belonging to another without the latter's permission or paying for it, if F demanded, give ample powers to the Nagar Panchayat to impose parking fee for parking the vehicles in the Bus stand owned and maintained by it - However, if the Nagar Panchayat is demanding exorbitant or unreasonable parking fee without any quid pro quo, the same can always be challenged in G accordance with law - Constitution of India, 1950 - Article 243W(a)(i) and (ii); Twelfth Schedule, Entry 17 - Motor Vehicles Rules, 1994 - Rule 203 and Rule 204. Municipalities - Madhya Pradesh Municipalities Act, 1961 - Nagar Panchayat - Powers of - Held: Nagar Panchayat H 290 -· NAGAR PANCHAYAT, KURWAI v. MAHESH KUMAR 291 SING HAL is a unit of self-government, which is a sovereign body having A both constitutional and statutory status - It has considerable powers to carry out schemes for economic development and social justice. Bus stand was constructed on the land owned by the ·appellant Nagar Panchayat. The appellant in exercise of 8 the powers conferred under Section 357(3) read with Section 349(2), 357 (5) and 358(4) (b) and (d) of Madhya Pradesh Municipality Act, 1961, imposed parking fee on the owners of vehicles, motors, trucks, buses, matadors etc. Following that a notice was issued by the appellant C demanding Rs.20/- per day or Rs.600/- per month, imposing entry fees on motors, trucks, buses and matadors parked in the bus stand. Challenging the same, writ petition was preferred by the vehicle owners before the High Court, seeking a writ of certiorari to quash the D above-mentioned bye-law and also for a direction to the Nagar Panchayat not to collect any fees from the petitioners. A Single Judge of the High Court found no merit in the writ petition arid dismissed the same. The Division Bench allowed Writ Appeal, holding that Section 349 of Act of 1961 does not confer any power to impose the licence fees for the use of bus stand and the same is not covered under Sections 358(4)(b) and (d) or (7) (m) of the Act of 1961, and hence the present appeal by the Nagar Panchayat. E F The question which arose for consideration was whether the appellant-Nagar Panchayat was justified in demanding any fee, for the parking of the motor, trucks G and buses in the bus stand, owned and maintained by the Nagar Panchayat. Allowing the appeals, the Court HELD: 1.1. Nobody has a fundamental right to use H 292 SUPREME COURT REPORTS (2013) 8 S.C.R. A the land belonging to another without the latter's permission or paying for it, if demanded. [Para 5] [295-E] 1.2. The respondents are operating their vehicles with the stage carriage permits granted by the competent 8 authority under the Motor Vehicles Act. As per the provisions of the Motor Vehicles Act the State Government or any other authorized authority has jurisdiction to determine a place at which a motor vehicle be parked, either indefinitely or for a specified time for taking up and alighting passengers. Rule 203 and Rule C 204 of the Motor Vehicles Rules, 1994 provide for maintenance and management of the parking places and make the concerned local authorities responsible for the said purpose. As per the conditions of the permit they are required to commence the journey of their vehicles from D the bus stan
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