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1992 Supreme(SC) 386

S.RANGANATHAN, V.RAMASWAMI, YOGESHWAR DAYAL
Corporation Of The City Of Bangalore – Appellant
Versus
Fuel Lorry Owner And Merchants Association – Respondent


Judgment

JUDGMENT - Leave granted.

We have heard both counsel and proceed to dispose of the appeal itself.

2. The respondent, an association of fuel lorry owners and merchants, were parking their lorries on a piece of land in Siddaiah Road, Bangalore-27. The land belonged to the Bangalore City Corporation and the respondents were parking their lorries on the above site often for long periods until they were able to dispose of all the loads of firewood that they brought into the city from time to time. The Corporation was collecting a fee of Rs. 2/- per day per lorry whenever such lorries were parked. It appears some time in 1984, the Corporation directed the respondents to find some other place for parking the vehicles and declined to permit them to continue parking on the impugned site.

3. The respondents filed a writ petition which was dismissed by a learned single Judge of the High Court Before the learned single Judge, the respondents had placed reliance on the provisions of S.348 of the Karnataka Municipal Corporation Act, 1976 and contended that this provision created an obligation on the part of the Corporation to provide parking places for vehicles as and when required to do so





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