Case: Municipal Council, Bhopal Vs. Sindhi Sahiti Multipurpose Transportco-Op. Society Ltd. &amp;

1. On 6-11-1964 the Municipal Council of Bhopal made bye-laws under the provisions of Section 358 (7) (f) and (m) read with Section 349 (ii) of the Madhya Pradesh Municipalities Act, 1961 after previous publication in the M. P. Rajpatra as required under Section 357 (4) and confirmation by the State Government under Section 357 (3) in respect of a Municipal bus stand. Bye-law 2 of the bye-laws provided that no person incharge of a motor-bus plying for hire shall for the purpose of taking up or setting down of passengers, park or stop his bus anywhere within the limits of the Bhopal Municipality except at the Municipal Bus Stand. The other bye-laws provided for a levy of a fee of Re. 1/- for every eight hours or part thereof in respect of the use of the bus stand by such buses and for the issue of a permit on such payment. On 13-11-1964 the respondents filed a writ petition in the High Court of Madhya Pradesh challenging the said bye-laws. The High Court held that bye-law 1 (c), which defined the expression Municipal Bus Stand and bye-law 2, which has been set out earlier, were valid but held bye-laws 3 to 7, which provided for the payment of fee and the giving of a permit etc., as invalid, and restrained the Municipal Council from giving effect to those bye-laws in any manner. The Municipal Council was also directed to refund the fee collected from the respondents. This appeal has been filed by the Municipal Council by certificate granted by the High Court.

Reasoning: 6. It is interesting to note that in this case the respondents as well as the Municipal Council had stated that the District Magistrate had declared the Bhopal Municipal Bus Stand as a bus stand. Power to specify the place under Section 68 (2) (r) and (s) vests in the State Government. Neither party has been able to show us that there is any power in the State Government to delegate their power under this section to the District Magistrate nor have we been shown any notification by the District Magistrate specifying the Bhopal Municipal Bus Stand as one under the provisions of Section 68 (2) (r) and (s) of the Motor Vehicles Act. Apparently both the parties proceeded on a misapprehension. If at all the District Magistrate had taken any action it could only be under Section 76. But that section does not enable him to specify places for setting down or picking up of passengers as we pointed out earlier. Therefore, we must hold that the Madhya Pradesh High Court was in error in holding bye-law 2first proposition has only to be stated to be rejected. The person plying a motor bus for hire cannot exercise his trade or profession effectively if he is not allowed to set down or take up passengers within the limits of a town. The Municipal Council cannot do indirectly what it cannot do directly. It cannot compel buses to go outside the municipal limits in order to set down or pick up passengers. This argument is as fallacious as the one put forward by Mr. Phadke on behalf of the respondent that he had a fundamental right to use the Municipal bus stand. Nobody has a fundamental right to use a land belonging to another without that persons permission or paying for it if necessary. While the Municipal Council has no power to compel persons plying motor buses for hire to use only the Municipal bus stand for the purpose of taking up and setting down passengers, there can be no objection to its providing a bus stand for anybody who chooses to use it voluntarily and to such person being required to pay for such use. In that sense propositions 2 and 3 put forward by Mr. Chagla are unexceptionable. If for this permission the formality of the issue of a permit is followed and a fee is charged it cannot be said to be objectionable. In that case the charges may be such as may be agreed upon between the parties, i.e. if the Municipality charges a certain rate only people who are prepared to pay at that rate would resort to that place. Nobody can be compelled to go to that place. Such a provision is permissible not under any provisions of the Madhya Pradesh Municipalities Act but arises out of the right which the Municipal Council, like the owner of any other property has, to permit people to use any property belonging to it only on certain conditions. Thecompel persons in charge of motor buses to use the Municipal bus stand, which the Municipality has no power to do. Consequently we hold2 as not valid and with it go the otherAs we have heldnot valid we do not consider it necessary to deal with the argument advanced by Mr. Phadke based on Section 6 of the Madhya Pradesh Motor Vehicles Taxation Act, 1947.