Jammu & Kashmir High Court
Jammu Maxi Cab And Special Taxi vs < on 17 March, 2021
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S. Nos. 124
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WP (C) No. 481/2021
CM No. 2323/2021
Jammu Maxi Cab and Special Taxi ...Petitioner(s)
Operator Union
Through :- Mr. Vivek Sharma, Advocate
v/s<
Union Territory of J&K and others
't
.....Respondent(s)
Through :- Mr. S. S. Nanda, Sr. AAG for
Respondent Nos. 1 to 6
Mr. Raman Sharma, AAG for
Respondent Nos. 7 & 8
Mr. Adarsh Sharma, Advocate for
Respondent No. 9
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
1. In this petition, the petitioner has inter alia sought a writ of certiorari for quashing Order No. JMC/RB/403-405 dated 02.03.2021, insofar as it pertains to the petitioner.
2. The short grievance as projected by the petitioner in this petition, which is a Union of Maxi Cab and Special Taxi Operators, is that though Transport Commissioner vide Notification No. 08-MVD of 2020 dated 14.12.2020 has declared 'right side of PHE Office, B.C. Road towards K. C. Theatre' as category-B stand for parking of contract carriages (Tempo/Winger/Sumo), yet respondent Nos. 7 & 8 in the garb of impugned order issued by the Commissioner, Municipal Corporation, Jammu are not allowing them to park their vehicles and are subjecting the members of the petitioner Union to unnecessary harassment.
2 WP (C) No. 481/2021
3. On being put on notice, Mr. S. S. Nanda, learned Sr. AAG and Mr. Adarsh Sharma, learned counsel have caused appearance on behalf of the respondents.
4. Mr. S. S. Nanda, learned Sr. AAG has brought to the notice of this Court Notification No. 08-MVD of 2020 dated 14.12.2020 issued by the Transport Commissioner in the exercise of the powers conferred under Section 117 of the Motor Vehicles Act, 1988 read with Rule 180 and 181 of the J&K Motor Vehicles Rules, 1991, whereby different places within the limits of Municipal Corporation have been identified for parking/stand. One such site is identified at serial No. 7 and is a B-category stand located at the 'right side of PHE Office, B. C. Road towards K. C. Theatre'. The notification also indicates that the number of the vehicles that could be parked in the aforesaid stand. It is submitted that the parking places/stands are required to be identified by the competent authority i.e., Transport Commissioner in exercise of the powers conferred under Section 117 of the Motor Vehicles Act, 1988 read with Rules 180 and 181 of J&K Motor Vehicles Rules, 1991, framed thereunder and not by the Municipal Authorities.
5. The Municipal Commissioner in terms of impugned order has only declared certain areas as no parking zone to de-congest areas. Apparently their appears to be contradiction between Serial No. 7 of the Notification No. 08- MVD of 2020 dated 14.12.2020 issued by the Transport Commissioner and Serial No. 1 by the impugned order issued by the Transport Commissioner, Jammu. However, two can be harmonized so that both can be given effect independently of each other.
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6. Accordingly, having regard to the arguments made by learned counsel for the parties and after perusal of the record, particularly, Notification dated 14.12.2020 and the impugned order passed by the Commissioner, Municipal Corporation on 02.03.2021, this petition is disposed of in the following manner:
a. That as notified by the Transport Commissioner in terms of Notification No. 08 MVD of 2020 dated 14.12.2020, 'right side of the PHE Office B. C. Road towards K. C. Theatre' shall continue to be B-category stand for contract carriage (Temp/Winger/Sumo) notwithstanding the impugned order dated 02.03.2021 issued by the Commissioner Municipal Corporation, Jammu.
b. That the area other than that earmarked at Serial No.07 of Notification dated 14.12.2020 shall, however, continue to be no parking zone in terms of notification of Commissioner Municipal Corporation, Jammu dated 02.03.2021. c. That the Traffic Police Authorities shall adhered to Notification dated 02.03.2021 in letter and spirit and shall not cause harassment to the members of the petitioner Union provided that they adhere to the Notification dated 14.12.2020 and park their vehicles only in the stand earmarked at Serial No. 07 of the Notification.
7. Disposed of, accordingly.
(SANJEEV KUMAR) JUDGE JAMMU 17.03.2021 Shivalee Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No SHIVALEE KHAJURIA 2021.03.18 17:25 I attest to the accuracy and integrity of this document