Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Municipalities Panchayat |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Municipalities - Madhya Pradesh Municipalities Act,1961 - s.358(7)(m) - Appellant- Nagar Panchayat - If justifiedin demanding any fee, for parking of motor, trucks and busesin the bus stand, owned and maintained by it - Held:Municipalities need funds for carrying out various welfareactivities and for said purpose, it can always utilize its assetsin a profitable manner to its advantage so that various welfareactivities entrusted to it under law could be properly addressedand implemented - Bus stand was provided by the NagarPanchayat for benefit of all vehicle owners and thepassengers, spending public money - Nagar Panchayat hasto get a reasonable return for its upkeep and maintenance -Article 243W(a)(i) and (ii) read with Entry 17 of the TwelfthSchedule of the Constitution and clause (7)(m) of s.358 of theMadhya Pradesh Municipalities Act and the general principlethat nobody has a fundamental right to use the land belongingto another without the latter's permission or paying for it, ifdemanded, give ample powers to the Nagar Panchayat toimpose parking fee for parking the vehicles in the Bus standowned and maintained by it - However, if the Nagar Panchayatis demanding exorbitant or unreasonable parking fee withoutany quid pro quo, the same can always be challenged inaccordance with law - Constitution of India, 1950 - Article243W(a)(i) and (ii); Twelfth Schedule, Entry 17 - MotorVehicles Rules, 1994 - Rule 203 and Rule 204.Municipalities - Madhya Pradesh Municipalities Act,1961 - Nagar Panchayat - Powers of - Held: Nagar Panchayat is a unit of self-government, which is a sovereign body havingboth constitutional and statutory status - It has considerablepowers to carry out schemes for economic development andsocial justice. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 591 |
Petitioner | Nagar Panchayat, Kurwai & Anr. |
Respondent | Mahesh Kumar Singhal And Ors. |
SCR | [2013] 8 S.C.R. 290 |
Judgement Date | 2013-09-06 |
Case Number | 7821 |
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