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december 1965

Supreme Court of India · 1965-12-06

MUNICIPAL BOARD OF HARDWAR vs RAGHUBIR SINGH ETC.

Citation / case number
SC 1964/90332
Court
Supreme Court of India
Petitioner
MUNICIPAL BOARD OF HARDWAR
Respondent
RAGHUBIR SINGH ETC.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.

Judgment text excerpt

The Supreme Court held that under Section 128(1)(vii) of the U.P. Municipalities Act, 1916, the power to levy tolls is restricted to vehicles entering the municipality, and cannot be extended to vehicles leaving it. The Court clarified that the distinction made by the Divisional Bench of the High Court regarding tolls on entry and exit was irrelevant, as the legislative intent was clear in limiting the toll to entry only. Consequently, the toll imposed on vehicles leaving the municipality was deemed invalid, and the earlier notifications were interpreted in light of the Constitution Act of 1935, which did not empower the State Legislature to impose such tolls on departing vehicles.

MUNICIPAL BOARD OF HARDWAR vs RAGHUBIR SINGH ETC. · Niyam