Charged Parking

2015 SCMR 1385 Supreme Court

S. 200 Cantonment Ordinance (XXXVII of 2002) S. 243 & First Sched, Entry No. 9 cantonment board, powers of parking fee on commercial vehicles, levy of — legality—- cantonment board levied parking fee on commercial vehicles parking within the city on each and every stop i.e. general bus stand situated in the cantonment area of the city. High Court found that since there was no provision in the Cantonment Act , 1924 empowering the board to charge parking fee, such levy was without lawful authority. Contention of cantonment board was that it was fully empowered to impose such parking fee, such levy was without lawful authority. Contention of cantonment board was that it was fully empowered to impose such parking fee under S. 200 of Cantonment Act, 1924, and also under S. 243 read with First schedule, Entry No. 9 of the Cantonment Ordinance, 2002… validity…. Section 200 of Cantonment Act, 1924 mentioned levy of stages, rent, fee for providing stall, shop, standing shed, pen and for other defined commercial activities on the vendors dealing in goods and for the slaughter of animals in public market or public slaughter house respectively and that too subject to sanction by the competent authority—parkin g fee was not referred to in S. 200 of cantonment s Act, 1924—cantonment board had no authority to enlarge the scope of a charging section, and include conjectures and or read some activity which was not envisioned or was not the contemplation of the charging section (i.e. S. 200 of cantonment s Act, 1924)—Although power to impose parkin g fee was available under the cantonment s Ordinance, 2002, but said Ordinance had not as yet been enforced—Federal Government had not issued any notification so far so as to make the cantonment s Ordinance, 2002, operational—Appeal filed by cantonment board was dismissed accordingly. 

2006 MLD 549

1994 SCMR 1393

2014 SCMR 1630 (against)

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