Court No. - 32 Case :- WRIT - C No. - 16940 of 2008 Petitioner :- Nagar Palika Parishad And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- D. Kumar,S.S. Chauhan Respondent Counsel :- C.S.C. Hon'ble R.K. Agrawal,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Admit.
It has been pointed out by learned counsel for the petitioner that an interim
order has already been granted on 8th April, 2008 by the Lucknow Bench of
this Court in Writ Petition No. 2986 (MB) of 2008, Nagar Palika Parishad,
Mathura through its Chairman Vs. State of U.P. and another which involves
similar controversy.
The Bye-laws for realising the entry fee/parking fee has been duly notified
and published in the Official Gazette after due concurrence of the State
Government and submission is that as an administrative order, the
implementation of the said Bye-laws cannot be stayed as it is statutory order.
The aforesaid direction says that this order has been issued in exercise of
power under Section 34 (1-b) of the Act.
We are prima facie satisfied that the entry fee/parking fee was being realised
in pursuance of the duly notified Bye-laws of the year 2006 and if the said
Bye-laws is to be repealed or rescinded, the provisions of Section 301-A
would be attracted and without following the said provisions, the Bye-laws
cannot be either put in abeyance nor can be treated as rescinded. We are also
prima facie satisfied that the provisions of Section 34 (1-b) would not be
attracted in the case of notified Bye-laws, which has been duly published and
is in force for the last more than two years, as the provisions aforesaid speaks
of a resolution passed by the Parishad or some other order passed by the
Parishad or Committee, as neither any resolution nor any order has been
passed by the Parishad or any Committee, constituted for the purpose.
We are prima facie satisfied that merely on the announcement made by the
Minister the impugned order could not have been issued. We, therefore,
provide that the respondents shall not interfere with the implementation of the
Bye-laws aforesaid nor can interfere in realising the entry fee/parking fee as
permissible, unless the Bye-laws stands rescinded or repealed, in accordance
with law. The direction issued by the Principal Secretary vide impugned order
is stayed till further orders.
Order Date :- 2.4.2010
Monika