Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1939 (4 of 1939) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1939, Sections 68(2)(r), 76 and 91 read with Rule 93 of the U. P. Motor Vehicles Rules, 1940, scope of-Whether the District Magistrate has the power to appoint any area as a bus stand/ halting places and whether the Town Area Committee has the power to levy fees, for the use of the area so fixed as Bus stand, from the bus operators. Chapter VI of the Motor Vehicles Act, 1939 contain provisions relating to "control of transport vehicles". Section 68 confers the power on the State Government to make rules for the purpose of the said chapter. Clause (r) of sub-section (2) of section 68 of the Act specifically confers on the State Government without prejudice to the generally of the power conferred under sub-section (1) of section 68 of the Act the power to frame rules regarding "prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or baiting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a - passenger desiring to board or alight from the vehicle at a notified halting place." Section 76 empowers the State Government or any authority authorised in this behalf by the State Government to determine parking places and halting stations. Clause (e) of sub-section (2) of section 91 of the Act confers the power on the State Government specifically to make rules regarding the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use. Rule 93 of the Uttar Pradesh Motor Vehicles Rules, 1940 similarly authorises the District Magistrate to specify places within the limits of any municipality, notified area, town area or cantonment or within such other limits as he may define where alone public service vehicles or any specified class or classes of public service vehicles and/or " goods vehicles may stand indefinitely or for such period as may be specified or public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers. The District Magistrate, Mathura by his order dated 22.5.1986 declared and determined plot Nos. 701 and 702 in the Town Area, Baldev (Mathura) as a bus stand/halting place of Baldev, where the stage carriages were directed to stand for the purpose of allowing the passengers of Baldev to get into and to get down from the stage carriages. Accordingly, the Town Area Committee gave a contract to a private contractor to collect the necessary fees payable by the bus operators for making use of the area in question which was within its jurisdiction for stopping their buses in accordance with the order passed by the District Magistrate. The appellant, a person providing transport service in the District of Mathura, challenged the said order dated May 22, 1986 and the order of the Town Area Committee the levy fees by filing a Civil Writ Petition No. 501 of 1986 before the High Court of Allahabad. The Writ Petition was dismissed by the High Court on 8.9.1986. Hence the appeal by special leave. |
Judge | Honble Mr. Justice E.S. Venkataramiah |
Neutral Citation | 1987 INSC 87 |
Petitioner | Hari Om Gautam |
Respondent | District Magistrate, Mathura & Anr. |
SCR | [1987] 2 S.C.R. 714 |
Judgement Date | 1987-03-27 |
Case Number | 687 |
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