1 Sr. No.114 LPA-1555-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-1555-2026 Date of decision: 14.07.2026 The Chandigarh Tourist Bus Operators Association (Regd.) & Ors. …..Petitioners VERSUS Municipal Corporation, Union Territory, Chandigarh & Ors. ….Respondents CORAM:- HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. G.S. Bal, Sr. Advocate with Mr. Avtar Singh, Advocate for the appellants-petitioners. Ms. Madhu Dayal, Advocate and Ms. Chetna Thakur, Advocate for respondent-MC Chandigarh. Mr. Ashish Rawal, Senior Panel Counsel with Mr. Sahil Garg, Panel Counsel for respondents No.3 to 5. ***** DEEPAK SIBAL, J. (ORAL) 1. The appellants are 13 bus operators who had knocked the doors of this Court through filing of a writ petition seeking therein quashing of the demand made from them by the Municipal Corporation, Chandigarh (for short-M.C. Chandigarh) requiring them to pay parking fee. This petition was disposed of on 09.04.2025 by a learned Single Judge of this Court by issuance of the following directions: “12. Be that as it may, considering the afore-mentioned facts and circumstances, I deem it appropriate to dispose of the present writ petition with the following directions:- “(i) Let the issue concerning identification and designation of Parking Places / sites or Bulk Parking area(s) for facilitating parking of Tourist Buses etc. by charging appropriate Parking Fee be considered by a Committee consisting of: (a) District Magistrate PUNEET SHARMA 2026.07.22 17.04 I attest to the accuracy and authenticity of this order/judgment 2 Sr. No.114 LPA-1555-2026 (O&M) (b) State Transport Authority (c) Superintendent of Police (Traffic) (d) Joint Commissioner, Municipal Corporation Chandigarh. (ii) The above constituted Committee while identifying/designating such Parking Places / sites or Bulk Parking area(s), must make proper assessment of the parking needs for the next 25 years so that requisite parking facilities are provided; (iii) The above constituted Committee shall also decide as regards the other facilities to be provided at such Parking Places / Sites, keeping in view Rule 202 of the Chandigarh Motor Vehicle Rules 1990; (iv) The above constituted Committee shall also consider and levy appropriate parking charges of private/Tourist buses keeping in view the facility to be provided at such parking places/sites. 13. Further, since the issue of providing of parking places/sites has been pending for quite some time now and it is not disputed that the authorities have been providing parking places/facilities for the tourist buses etc., and also to settle past issues of levying appropriate parking charges leviable upon private/tourist buses within Chandigarh Municipal limits, I deem it just, fair and proper to direct that the following parking charges be levied till today: S. No. Period commencing Period ending Parking charges to be levied 1 01.04.2000 31.03.2005 @ Rs.200/- per bus per month 2 01.04.2005 31.03.2010 @ Rs.300/- per bus per month 3 01.04.2010 31.03.2015 @ Rs.400/- per bus per month 4 01.04.2015 31.03.2026 @ Rs.500/- per bus per month 13.1 It is further directed that the parking charges leviable w.e.f. 01.04.2026 shall also be decided by the above Constituted Committee. 14. Let the aforesaid exercise be completed by the Committee before 31.03.2026.” 2. The appellants sought review of the judgment of the learned Single Judge dated 09.04.2025 which application of theirs was dismissed on 04.02.2026. PUNEET SHARMA 2026.07.22 17.04 I attest to the accuracy and authenticity of this order/judgment 3 Sr. No.114 LPA-1555-2026 (O&M) 3. It is in the afore circumstances that the appellants have filed the instant intra Court appeal to challenge therein both the judgment dated 09.04.2025 and the order dated 04.02.2026, passed by the learned Single Judge. 4. Learned counsel for the parties have been heard and with their able assistance, the record has also been perused. 5. Scrutiny of the record reveals that during the course of proceedings before the learned Single Judge, various factual disputes had came to light, some of which were - as to whether since the date of the demand which was from the year 2000, any or each or all of the appellants were in fact parking their buses in the parking spaces allocated by the M.C. Chandigarh or outside Chandigarh on account of alleged non-supply of adequate facilities in the allocated parking spaces. 6. Another factual dispute also came to the fore as to whether facilities, as per the applicable rules, had in fact been provided by the M.C. Chandigarh for parking of the appellants’ buses for which fee was being demanded. In this regard, a Local Commissioner’s report was sought and got which was not entirely accepted by either of the contesting parties as objections to the same were filed by both the contesting parties adding fuel to the dispute on facts. 7. A joint petition had been filed by 13 bus operators, each of whom owned or had on lease several buses. Which of the buses of which bus operator was actually being parked in Chandigarh also remained disputed. 8. Then there was the appellants’ claim that in the areas designated PUNEET SHARMA by the M.C. Chandigarh for parking of the appellants’ buses, other vehicles 2026.07.22 17.04 I attest to the accuracy and authenticity of this order/judgment 4 Sr. No.114 LPA-1555-2026 (O&M) remained parked and therefore, it was impossible for the appellants to use such spaces and in this regard, several photographs were placed on the record by the appellants. This fact was also disputed by the M.C. Chandigarh. 9. In the light of the above, the issues raised for determination of this Court could not have been determined by this Court in the exercise of its writ jurisdiction because a decision thereupon would require leading of elaborate evidence. Therefore, these issues were best left to be determined by a Civil Court. In fact, a perusal of the impugned judgment dated 09.04.2025 and the order dated 04.02.2026 does not reveal conclusive determination of the afore issues by the learned Single Judge but inspite of the same, the learned Single Judge went on to not only himself determine the rate at which parking fee should be paid by each of the appellants but has also decided the periods for which such fee is payable. 10. In the light of the above, the dispute with regard to the challenge by the appellants to the demand of parking fee by M.C. Chandigarh, the appellants are relegated to the Civil Court where the contesting parties shall be at liberty to raise all pleas/defences, in accordance with law. 11. In terms of this order, if any civil suit is filed by all or any of the appellants, the Civil Court shall consider and decide the same without being influenced by the observations made by the learned Single Judge in his judgment and order dated 09.04.2025 and 04.02.2026, respectively. 12. The matter had remained pending before the writ Court for the last about 26 years and therefore, 30 days are granted to the appellants to approach the Civil Court and to enable them to do so till then no coercive PUNEET SHARMA steps be taken against them qua the demand of parking fee but this interim 2026.07.22 17.04 I attest to the accuracy and authenticity of this order/judgment 5 Sr. No.114 LPA-1555-2026 (O&M) direction of ours shall not influence the Civil Court in any manner while deciding the issue of interim stay in the afore civil suit which may be filed by any or all the appellants. 13. It is clarified that this order of ours shall also not effect the following directions given by the learned Single Judge: “(i) Let the issue concerning identification and designation of Parking Places / sites or Bulk Parking area(s) for facilitating parking of Tourist Buses etc. by charging appropriate Parking Fee be considered by a Committee consisting of: (a) District Magistrate (b) State Transport Authority (c) Superintendent of Police (Traffic) (d) Joint Commissioner, Municipal Corporation Chandigarh. (ii) The above constituted Committee while identifying/designating such Parking Places / sites or Bulk Parking area(s), must make proper assessment of the parking needs for the next 25 years so that requisite parking facilities are provided; (iii) The above constituted Committee shall also decide as regards the other facilities to be provided at such Parking Places / Sites, keeping in view Rule 202 of the Chandigarh Motor Vehicle Rules 1990; (iv) The above constituted Committee shall also consider and levy appropriate parking charges of private/Tourist buses keeping in view the facility to be provided at such parking places/sites.” 14. The impugned judgment and order stands modified, as above. 15. Disposed of. (DEEPAK SIBAL) JUDGE (RUPINDERJIT CHAHAL) JUDGE 14.07.2026 puneet i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No PUNEET SHARMA 2026.07.22 17.04 I attest to the accuracy and authenticity of this order/judgment