Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 185(3)--Cantonment Board levied parking fee on commercial vehicles playing within city--Challenged before High Court--No provision in Cantonment Act empowering to charge parking fee--Validity--Leave to appeal was granted to consider whether Cantonment Executive Officer is empowered under Cantonment Act, 1924 to charge service fee from vehicles being used as public transport for use of facilities provided for convenience of passengers at halting places fixed under Motor Vehicle Ordinance, 1965 read with Motor Vehicle Rules, 1969 would require consideration. Cantonment Ordinance, 2002-- ----S. 243--Fee for parking of vehicle--Power to impose parking fee--Cantonment Ordinance, 2002 has not as yet been enforced--Cantonment board levied parking fee on commercial vehicles plying within city on each and every stop situated in cantonment area--Action was successfully challenged before High Court--No provision in Cantonment Act, 1924--Validity--Any provision thereof, will become operational only on such date as may be notified by Federal Government--No such notification has been issued so far--Being legal position, he cannot rely on any law to justify impugned parking fee, which is still in hibernation and not implemented as yet. THIS JUDGMENT DELIVERED BY: Mushir Alam, J.- Leave to appeal was granted on 17.04.2007 to consider the following:-- "After hearing the learned counsel for the parties, we find that the question as to whether the Cantonment Executive Officer is empowered under Cantonment Act, 1924 to charge the service fee from the vehicles being used as public transport for use of the facilities provided for the convenience of passengers at halting places fixed under Motor Vehicle Ordinance, 1965 read with Motor Vehicle Rules, 1969 would require consideration in the light of relevant provision in the above referred statutes and the rules framed thereunder. Therefore, we grant leave in this petition to consider the above question." 2. Backdrop forming matrix of instant appeal appears to be that the appellant-Hyderabad Cantonment Board levied parking fee on commercial vehicles plying within Hyderabad city on each and…

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