Allahabad High Court
Komal Singh vs State Of U.P. Thru Secy. And 5 ... on 31 October, 2013
Bench: Arun Tandon, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 10
Case :- WRIT - C No. - 60487 of 2013
Petitioner :- Komal Singh
Respondent :- State Of U.P. Thru Secy. And 5 Others
Counsel for Petitioner :- Arvind Kumar Kushwaha,M.D. Singh Shekhar
Counsel for Respondent :- C.S.C.,Jamwant Maurya
Hon'ble Arun Tandon,J.
Hon'ble Anjani Kumar Mishra,J.
Nagar Panchayat Raya published an advertisement for settling the right to collect parking fees in respect of five places identified as Raya- Sadabad Road, Raya- Baldev Road, Raya-Mant Road and two other places.
Counsel for the petitioner before this Court is stated to have offered highest bid in the auction held for collection of the parking fees in respect of five places including the three identified above.
A complaint was made that absolutely no facilities are available at the parking places notified as Raya- Sadabad Road, Raya- Baldev Road, Raya-Mant Road. Sub Divisional Magistrate made spot inspection and thereafter submitted a report on 19.10.2013 to the Chairman/Executive Officer, Nagar Panchayat pointing out that except for the Tin Shade there were absolutely no facilities provided at the aforesaid three parking places. Under the Government Order 18th July, 1993 it is specifically provided that the parking fees can only be realized if an area specifically demarcated for the purpose of parking of vehicles and facilities of male/female washroom, drinking water and waiting shade is provided. Since no such facilities exist, it has been directed that the contract for collection of the parking fee be cancelled, inasmuch as right to collect parking fees cannot be extended to realization of parking fees only because the vehicles stop at the roadside on a particular place.
This report of the Sub Divisional Magistrate was considered by the Prabhari Adhikari, Local Bodies/City Magistrate, Mathura and he issued an order dated 25th October, 2013 informing the Nagar Panchayat that the contract in respect of the collection of parking fees qua the aforesaid three places be cancelled immediately for want of essential facilities and the collection of parking fee being contrary to the Government Order.
On the aforesaid direction the Chairman, Nagar Panchayat and the Executive Officer have cancelled the contract granted in favour of the petitioner under the order dated 26.10.2013. Against the orders dated 25th October, 2013 and dated 26th October, 2013 the present writ petition has been filed.
Sri M.D. Singh Shekhar, Senior Advocate on behalf of the petitioner contended that under the contract entered into between the Nagar Panchayat and the petitioner right to cancel the contract was with the Municipal Board only and therefore the direction issued by the City Magistrate is wholly without jurisdiction. It is then contended that no opportunity of hearing was afforded to the petitioner before cancellation of his contract. Lastly it is contended that if the facilities were not available at the parking places, as pointed out in the order of the City Magistrate, time should have been granted for creation of the said facilities and for this period at best the realization of the parking fee should have been kept in abeyance.
We have heard counsel for the petitioner and the Standing Counsel.
In our opinion demarcation of a particular area for parking, provision for male/female washroom, drinking water facilities and the waiting shade for the persons waiting the arrival of the vehicles are the conditions precedent for any contract being granted in respect of collection of the parking fees. It cannot be other way round i.e. a contract for collection is granted and thereafter contractor is provided time to make provision for the aforesaid facilities. This flows from the Government Order dated 18th July, 1993.
Since in the facts of the case the Nagar Panchayat Raya had not demarcated any area for parking of the vehicles at Raya- Sadabad Road, Raya- Baldev Road, Raya-Mant Road and further since it could not be demonstrated before this Court that any of the facilities, as required under the Government Order dated 18th July, 1993 were in existence at the aforesaid places, we hold that the decision taken to cancel the contract need not be interfered with by this Court.
We may further record that under the terms of the contract itself it is provided that the contract shall be cancelled at any point of time without any notice or opportunity of hearing. The order impugned has done substantial justice and has rightly curtailed the realization of parking fee in absence of the facilities as required under the Government Order, referred to above being available.
It is always open to the petitioner to make an application before the Nagar Panchayat for refund of the money deposited by him towards contract once it is found that the contract itself was illegally granted.
In view of the aforesaid, writ petition is dismissed.
Order Date :- 31.10.2013
Pkb/
