Through this appeal the appellant has called in question the order dated 13.06.2007 passed by the learned Single Judge in chamber whereby the act of the respondents-market committee in charging entry fee or a cycle-stand fee has been declared to be ultra vires and without lawful authority.
2. The main grounds urged by the learned counsel for the appellant are that the learned single Judge in chamber has intermingled the term tax with fee and as such misinterpreted the judgment of this Court cited as PLD 1989 Lahore 363 which struck down the levy of special cess and not the fee. The appellants are charging fee in lieu of the parking space provided to the respondents under permission from the Punjab Government Agriculture Department and they have been allowed to lease out the parking stand through open auction for public use under supervision of the Market Committee.
3. Arguments heard and record perused.
4. It is an admitt Ordinance or By-laws of t adopted under section 36 permit charging of entry fee Committee is authorized to I the Ordinance only if the been so amended to provid not denied that executive di Committee cannot by itself The appellants cannot go be provide for charging such ki
5. For the fore judgment is not open to Appeal is devoid of any fore d fact that the provisions of the e Market Committee made or of the said Ordinance do not or cycle stand fee. The Market vy any fee under Section 19 of y-laws of the committee have for levy of such date It is also rection or permission to Market assume the status of by-laws. And their bye-laws which do no d of fee. stated reasons the impugned ny exception. This Intra-Court and is dismissed in limine.