GUWAHATI, March 17 — The Gauhati High Court in a significant judgement today quashed the 1997 Byelaws framed by Guwahati Municipal Corporation (GMC) thereby declared illegal the checkgates and parking places run by GMC lessees along the national highways No. 37 and 31 around the city.
In response to a writ petition filed by one Md Zakir Hussain, Justice IA Ansari has held that GMC has acted beyond its competence in enacting the 1997 Byelaws and applying the same to the vehicles and animals entering into municipal area in the city while passing by the National Highways around it.
The Court in the same judgement also quashed the lease granted by the GMC in favour of private parties to collect toll on its behalf at checkgates on national highways. Justice Ansari further held that establishment of parking places on national highways was illegal. It may be mentioned that Khanapara, Khanamukh and Saraighat checkgates which are located along the national highways around the city and have been in the eye of a storm over extortion by lessees delegated by the GMC to collect toll, have been rendered illegal by the judgement of the High Court.
The Court has held that the State of Assam does not have the power to make law imposing toll on vehicles moving on national highways. It has been observed in the judgement that the GMC Act, 1971 gives no indication that the municipal corporation can get tolls collected on their behalf by private lessees and that the GMC as a delegatee cannot further delegate its power of collection of toll to any agent or delegatee. The Court, therefore, has held that the levy which is being collected under the 1997 Byelaws made in pursuance of the power under section 416(1) (c) of the GMC Act, 1971, is illegal.