Law: Provincial Motor Vehicles Ordinance, 1965

Section: 80

Provincial Motor Vehicles Ordinance (XIX of 1965)--- ----S. 80---Motor Vehicle Rules, 1969, R. 253---Bus Stand Fee / Tax---D-Class Stand---Principle of quid pro quo---Applicability---Petitioner was plying stage carriers and had established his own D-Class Bus Stand---Grievance of petitioner was that contractor of General Bus Stand could not demand General Bus Stand Tax for his buses / vehicles on the basis of Bus Stand Bye Laws, 1999---Validity---Bye laws do not deal with establishment of other classes of Bus Stands more particularly Class-D Stand in terms of R. 253 of Motor Vehicle Rules, 1969, which envisages for establishment of a company stand issued to private person, for which a separate fee is chargeable by authority established under Motor Vehicle Rules, 1969---Application and restriction imposed by Byelaws of 1999 could not be extended to establishment of D-Class Bus Stand---Adda Fee, which District Administration was collecting, was in strict sense a "fee" and not a "tax"---Such levy was in its character object specific i.e. providing parking facilities to vehicles in its General Bus Stand by District Government whereas petitioner did not enjoy such parking facilities of District Government---Element of quid pro quo was absent in the case of petitioner---High Court declared demand of General Bus Stand fee / tax as illegal---Constitutional petition was allowed, in circumstances. Messrs Lucky Cement Factory Limited and others v. The Government of N-W.F.P and others 2013 SCMR 1511; Muhammad Farooq v. Municipal Committee and others 2015 YLR 1128; Israr Ahmad Khan v. Secretary Local Government and 04 others 2020 YLR 197; Malik Muhammad Tahir Khan v. Government of Khyber Pakhtunkhwa through Secretary Local Government and Rural Development Department, Peshawar and 05 others (W.P 236-M/2013) and Messrs Khurshid Soap and Chemical Industries (Pvt.) Ltd. through Sheikh Muhammad Ilyas, KPK v. Federation of Pakistan through Ministry of Petroleum and Natural Resources and others (Civil Appeals Nos.1113 to 1155 of 2017 etc) rel. JUDGMENT SYED ARSHAD ALI, J.---Through the instant petition, the petitioner seeks the Constitutional jurisdiction of this Court with the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492