JUDGMENT

R. L. Gutati, J. - The petitioners in this and in the connected writ petition own and ply public carrier vehicles for transporting goods to areas comprising district Pithoragarh and onwards. The second respondent, namely, the Municipal Board, Pithoragarh (hereinafter referred to as the Board) made certain amendments in the Bye-laws of the Board by a notification No. 42/23-242 dated October 14, 1970 levying entry and parking fee, halting charges etc. on the vehicles passing through the territorial limits of the Board. This notification has been challenged in these two writ petitions and hence they are being disposed of by this common judgment.

2. Earlier the Deputy Commissioner, Pithoragarh by a notification No. 1052/23-197 dated 5th March, 1965, issued under Sec. 298 (2) List I A. H. B. of the U. P. Municipalities Act, 1916 framed bye-laws in exercise of the powers conferred under Sec. 301 (2) of the said Act. This notification is material and is reproduced below :-

"Bye-laws u/s 301 (2) of the said Act. The motor vehicles, cars shall park at the motor stand and shall not park in any other place unless permitted by the Board.

2. For loading and unloading purposes the motor vehicles and cars can enter in the market. The time limit for the loading and unloading has been fixed as an hour after this time the vehicle shall go back to the motor stand for parking.

3. The motor vehicles shall not enter in the following roads :-

(1) Dharamshala Road from the junction below the Civil Hospital to Bazar towards Sanskrit Pathshala and D. S. S. and A- Board Office Building.

(2) Khari gate road in between Old Bazar and New Bazar.

PENALTIES

In exercise of the powers conferred by Sec. 298(l) of the U. P. Municipalities Act the Board thereby directs that any breach of bye-laws mentioned shall be punishable on conviction with the fine which may extend to Rs. 500/-".

It is clear that under this notification the motor vehicles were required to be parked at a parking place provided by the Board. They were allowed to enter the market for loading and unloading purposes for a period of one hour only and lastly, vehicles were not permitted to enter certain localities, and for contravention of these rules penalties were provided. By the impugned notification the bye-law Nos. 2 and 3 of the old bye-laws were deleted and the following rules were substituted in their place :-

"2. No Driver of Motor Bus, Lorry, Truck, Jeep, Station Wagon plying on commercial basis will be allowed to park the vehicles within the limits of Nagar Palika unless he pays Rs. 2/- (two) will be levied after twenty-four hours.

3. No Driver of Motor Bus, Lorry, Truck, Jeep, Car Station Wagon plying on commercial basis will be allowed to enter for loading and unloading purposes in Similagir Bazar, Naya Bazar, Dharamshala Road from Junction below Civil Hospital to D. S. S. and A Board's Office, Khari Gali Road in between Old and New Bazar unless he pays Rs. 5/- (five) in advance as fee at respective barriers. Successive charges of Rs. 2/- (two) will be levied for each continuing hours."

These amendments purport to have been made according to the provisions of Sec. 298 (2) I-II (b) (m) of the U. P. Municipalities Act. As a result of these amendments a minimum parking fee of Rs. 2/- was to be paid for every motor vehicle parked within the limits of the Board and restrictions on the motor vehicles to enter certain localities was removed but entry in certain localities was permitted only on the advance payment of Rs. 5/- on the barrier and a charge of Rs. 2/- for every hour of halting. The penalty clause for breach of the rules was abolished.

4. The contention raised on behalf of the petitioners is that Rule 2 of the impugned notification seeks to levy a parking fee and, as such, is ultra vires of the provisions of Sec. 298 of the U. P. Municipalities Act. That provision does not authorise the levy of any parking fee. It has further been submitted that the petitioners do not use any parki