The Allahabad High Court has quashed the increase in entry fee of Jawahar Park by Aligarh Smart City Limited, terming it beyond its jurisdiction and has allowed entry to the park at the fee fixed in 2014.
The Division Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar passed this order while hearing a PIL filed by Dhirendra Kumar Gupta and another.
The petition has been filed by the petitioners aggrieved by the enhancement of visit fee by order dated 23.5.2024 for visit to Jawahar Park, Aligarh.
Submission has been made that fee for visit to the park was fixed by the Committee empowered to fix the charges on 16.9.2014, wherein certain rates were fixed whereby the yearly pass was Rs 500 and spouse package was Rs 700.
However, by order dated 23.5.2024 issued by respondent nos 2 & 3, which is the Aligarh Smart City Limited, the fees for visit to the park has been increased multifold, wherein daily ticket for three hours has been increased to Rs 20 and yearly pass for below 60 years has been increased to Rs 2000.
Submission has been made that action of the respondent nos 2 & 3 to increase the fees, is without jurisdiction as the jurisdiction lies with the Committee, which has been dealing with the matter previously.
The Court noted,
Instructions have been produced by counsel appearing for the respondent nos 2 & 3 i.e Aligarh Smart City Limited. Various submissions have been made inter-alia indicating that after the said Company took over the work of the development of the city as smart city, the park itself has been renovated and for the purpose of maintaining the park, huge expenditure is required to be made. Details with regard to the same have also been produced along with the instructions and an attempt has been made to justify the increase in the fees.
Further submission has been made that though the respondent nos 2 & 3 do not have the jurisdiction to increase the fees, attempts made by the said respondents, to hold a meeting of the Committee for that purpose failed as though the meeting was fixed on two occasions, the same did not materialize.
Submission has been made that the Corporation may be directed to hold the meeting for the purpose of enhancement of the entry fees.
Having considered the submissions made by the parties, as it is apparent that the increase of fees dated 23.5.2024 by respondent nos 2 and 3 is without jurisdiction, the same is therefore, set aside by the high court.
“Those visiting the park would continue to pay the fee as fixed on 16.9.2014 as indicated in para 9 of the petition.
However, for the purpose of seeking enhancement of the fees, which were last fixed 10 years back, the Committee meant for the purpose must meet and take a decision based on the present circumstances and therefore, the respondents no 4 and 5 along with the District Magistrate, Aligarh are directed to convene a meeting and take decision with regard to the said aspect of the matter with expedition preferably within a period of three weeks from the date of this order,” the order reads.
With the above directions, the Court disposed of the petition.