The main legal point established in the judgment is that the Corporation had the authority to collect parking fees at designated locations within its limits, as provided for in the Karnataka Municipal Corporations Act, 1976.

( 1 ) THE first petitioner is a practising Advocate of Bangalore Bar and the second petitioner is a Chartered Accountant. As public spirited persons to espouse public cause they have filed this writ petition as public interest litigation and have sought for following reliefs in this writ petition:" (A) Issue a writ in the nature of prohibition or any other appropriate writ or order or direction, prohibiting the respondent from collecting parking fee from the vehicle owners including the petitioners for using the vehicles and parking on the road side of Gandhinagar and Tank Bund road in Bangalore City; and, (b) Grant such other reliefs to which the petitioner may be found entitled to in the circumstances of the case including the award of the case including the award of the costs of this writ petition in the interest of justice and equity. "

( 2 ) THE grounds on which they seek for relief are : (1) The Corporation has entrusted the second respondent the work to collect parking fee at two places, namely, in Gandhinagar opposite to Syndicate Bank and Tank Bund Road by the side of Bangalore bus station, which is annexed to State Highway Mysore-Bangalore-Kolar. The rates fixed by the Corporation to collect parking fee from different vehicles were notified in the newspaper 'deccan Herald' dated 5-4-1990, which reads as follows:"parking fees fixed: - The Bangalore City Corporation has fixed parking fees and entrusted several parking lots to contractors in the City. According to a press note issued by BCC Commissioner S. M. Acharya, collection of parking fee of Re. 1 for four-wheelers and 50 paise for two-wheelers has been introduced from April 1 in the following places: Kempegowda Circle, Gandhinagar Fifth Main Road, Gandhinagar First Cross, Tank Bund Road, Gandhinagar B. V. K. Iyengar Road and Avenue Road. Parking fees in respect of stands situated near various City Corporation buildings, markets, swimming pools and shopping complexes would be : bicycles -- 10 paise, two-wheelers - 20 paise and cars -- 50 paise. The note added that any complaint regarding charging of higher rates may be brought to the notice of the Corporation authorities. "according to the petitioners neither under the Karnataka Municipal Corporations Act, 1976, nor under the bye-laws of the Corporation any power conferred on the Corporation to collect such a fee from the owners of the vehicles of different types who park their vehicles on these places or other places; (2) No doubt it is mentioned, as seen, fee to be collected from the owners of the vehicles, but strictly speaking it is in the form of a tax and unless special service or powers are conferred neither the Corporation nor its agents will get an authority to collect fee or tax whatever it is called from the owners of the vehicles; (3) Though the halting place earmarked as a Tank Bund Road annexed to Mysore Bangalore-Kolar State Highway, the Corporation or its agents will not get an authority to collect fee or tax from the vehicles as according to the petitioners it is a highway and not a road belonging to the Corporation that too car stands are not provided. When, once it is an highway the provisions of the Karnataka Highways Act, 1964, are applicable, particularly S. 48a of the Act. Under the said Act, the owner of a vehicle who makes use of the said road will be liable to pay tax or fee. Now the Corporation says that such an owner is also liable to pay tax or fee whenever he parks his vehicle and as such it amounts to collecting tax twice which is not permissible under the Act.

( 3 ) AS far as regulation of traffic is concerned, it is the duty of the police and not the concern of the Corporation. Merely because it earmarked certain place where the owners of the vehicles can park their vehicles, it cannot be said that the Corporation has a right to collect fee or tax from the owners of the vehicles. But, according to the petitioners, it is one of the services of the Corporation to see that there shall n

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