ORDER

In C.A. No. 472/80

This appeal by special leave arises from the judgment of the Division Bench of the Allahabad High Court made on November 8, 1979 in CMWP No. 13/78. The admitted position is that all the respondents are transport operators using for their stage carriages the bus stand set up by the appellant-Board in Hapur. When the appellant-Board demanded payment of the fee at the rate of Re. 0.75 per day, though they had been paying fee earlier at the rate of Rs. 0.50 per day, they contended that the municipality was devoid of power. The High Court in the impugned judgment relying upon Jagdish Prasad Bindla v. Municipal Board Atroli & Anr.1, in CMWP No. 3976 of 1973 decided on July 18, 1979 had allowed the appeal and quashed the demand without any further consideration. The question is: whether the municipality has the power to levy fee and demand the payment thereof for use of the bus stand ?

2. The Government in their order dated June 13, 1959 had directed the appellant and all other municipalities as under :

"I am therefore to request that you may kindly advise all the municipal bodies in your districts to take steps to establish bus-stands within their municipal limits in