Case: Jayanta Kalita Vs State of Assam and Ors.. Guwahati High Court

JudgesI.A. Ansari, J.
IssueAssam Municipal Act, 1956 - Sections 68, 68(1), 69, 117, 148, 148(1), 148(2), 148(3), 168, 334, 335; Assam Municipal (Amendment) Act, 1994
Citation2009 (3) GLR 297
Judgement DateMay 08, 2006
CourtGuwahati High Court

Judgment:

I.A. Ansari, J.

1. The petitioner, who, being a permit-holder of stage carriage, plies buses on different routes passing through the districts of Sibsagar, Dibrugarh and Tinsukia, has challenged the legality of the order, dated 29.5.2004, whereby respondent Nos. 2 and 3, namely, Naharkatia Town Committee, represented by its Chairman, i.e., respondent No. 3, has granted settlement of a public bus stand for the year 2004-05 in favour of respondent No. 4.

2. Put in a nutshell, the case of the petitioner runs as follows:

While plying his buses on the routes permitted in Terms of the permits for stage carriage issued to him, the petitioner stops his buses en route, at Naharkatia Town, for dropping passengers and also to pick up passengers for taking them to Duliajan, Moran and some other places. The Naharkatia Town Committee ('the respondent Town Committee') has started realizing parking fees from the vehicles including the vehicles of the petitioner, when the petitioner's vehicles stop, at Naharkatia Town, to pick up passengers or to drop passengers. The place, where the vehicles so stop, is a strip of land, located by the side of the highway, the said strip of the land measuring about 40 feet in length and 15 feet in breadth. There is no structure or any other facilities like water, sitting accommodation for passengers, waiting room, ticket-counter and/or lights for convenience of the passengers. Thus, the respondent Town Committee has not provided any infrastructure on the said land to call it a bus stand. Without, however, providing any infrastructure or facilities, as indicated hereinbefore, the respondent Town Committee has, vide impugned order, dated 29.5.2004, appointed respondent No. 4 as a lessee for the year 2004-05 of the said parking area and, on being so appointed, the lessee has started collecting parking fees. The land, in question, where the buses so stop, does not belong to the respondent Town Committee, but to the Public Works Department, Government of Assam. Thus, when the land, in question, does not belong to the respondent Town Committee and when the respondent Town Committee has not provided any infrastructural facilities, as pointed out hereinbefore, the respondent Town Committee is not entitled to collect any parking fees. This apart, parking fees cannot be collected by any Town Committee without obtaining requisite sanction from the State Government in terms of Clause (n) of Sub-section (1) of Section 68 of the Assam Municipal Act, 1956.

3. The respondent Town Committee has resisted the writ petition by contending, inter alia, that though the land, in question, is a Government land, the respondent Town Committee is in permissive occupation thereof. The land, in question, does not form part of the highway and that it is a plot of land, located by the side of the road, where parking of buses is allowed and it is on account of the fact that parking facility for the buses has been provided by the respondent Town Committee, at the said place, that the respondent Town Committee has imposed parking fees. As the buses stop there not only for the passengers to alight, but also for the passengers to board in, the respondent Town Committee is entitled to collect parking fees within the ambit of the powers nested in it under Section 148 of the Assam Municipal Act, 1956. Following a proper tender process, respondent Town Committee has appointed respondent No. 4 as the lessee for the said parking place, because the respondent No. 4 was found to be the highest bidder.

4. I have heard Mr. D.P. Chaliha, learned senior counsel, appearing on behalf of the petitioner, and Mr. A. Buragohain, learned Additional Advocate General, Assam, appearing on behalf of the respondent No. 1. I have also heard Mr. B. Malakar, learned counsel, for the respondent Nos. 2 and 3.

5. The moot questions, which fall for determination in the present writ petition, are as follows:

(i) Can a Municipal Board or a Town Committee collect parking fees without obtaining sanction from the Government, in this regard, and, if so, where lies the power of a Municipal Board or a Town Committee to impose and collect such parking fees?

(ii) For the purpose of collecting parking fees, is it necessary that the land, which is used as a parking place or which is established as a parking place by a Town Committee or a Municipal Board, must belong to, and be owned by, the Town Committee or the Municipal Board concerned?

(iii) Whether in the facts and circumstances of the present case, the respondent Town Committee has legally and justifiably appointed respondent No. 4 to collect parking fees?

6. In the present writ petition, since it has been contended, on behalf of the writ petitioner, that a Municipal Board cannot impose parking fees except with requisite sanction granted, in this regard, by the State Government in terms of Clause (n) of Sub-section (1) of Section 68 of the said Act, Section 68 is reproduced here in below:

68. Taxes. - (1) Subject to the provisions of this Act and the rules made hereunder, the Board may, from time to time, at a meeting convened expressly for the purpose, of which due notice, shall have been given, impose, within the limits of the municipality, the following taxes, fees and tolls, or any of them:

(a) a tax on holdings situated within the municipality assessed on their annual value, payable by the owner;

(b) a water-tax payable by the owner or occupter, on the annual value of holdings;

(c) a lighting-tax, payable by the owner or occupier, on the annual value of holdings;

(d) a latrine-tax, payable by the owner or occupier, on the annual value of holdings;

(e) a drainage-tax payable by the owner, where a system of drainage has been introduced;

(f) a tax on private markets payable by the owner;

(g) licence fees on carts, carriages and animals used for riding, or burden;

(h) a fee on the registration of dogs and cattle;

(i) a fee on boats mooring within the Municipality;

(j) toll and on bridges;

(k) a...

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