Law: National Highway Authority Act, 1991

Section: 10

(a) National Highway Authority Act (XI of 1991)--- ----S.10---National Highways and Strategic Roads Control Rules, 1998, R.12---Fee on advertisement and signboards---Scope called into question the notices issued by Authority requiring him to make payment of the National Highway Authority (NHA) tax for installation of unauthorized advertisement board---Contention of petitioner was that NHA had no authority under the National Highway Authority Act, 1991 (the Act) and the rules framed thereunder to charge such a fee from the petitioner---Contention of NHA was that by virtue of S.10(2)(vi) and (viii) of the National Highway Authority Act, 1991 read with R.12 of the National Highways and Strategic Roads Control Rules, 1998, the petitioner was liable to pay the tax---Validity---Section 10 of National Highway Authority Act, 1991 authorized the Authority to take such measures and exercise such powers as it considered necessary or expedient for carrying out the purposes of the Act---Power to charge fee/rent from utilities and signboards under R. 12 of National Highways and Strategic Roads Control Rules, 1998, was predicated on the safety and convenience of the road user---Read with S. 10(2)(viii) of the Act, it became evident that the signboard must be on the road controlled by NHA for it to charge fee from the person who installed it---Section 10(2)(viii) of the Act, however, only authorized the NHA to license facilities which would include the Petrol/CNG Stations, restaurants/hotels, shops/khokhas, etc---National Highway Authority Act, 1991, by the terms of S.10 did not authorize the NHA to levy and charge fee on the advertisement and signboards---Constitutional petition was allowed and the impugned notices were declared to be without lawful authority and of no legal effect. Shell Pakistan Limited v. Capital Development Authority PLD 2015 Isl. 36 rel. (b) Interpretation of statutes--- ----Rules and regulations being subordinate legislation cannot go outside the ambit and scope of the parent statute---Mere fact that powers have been conferred on the Authority to make Rules and Regulations does not authorize framing of delegated legislation that is inconsistent or…

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