Case Details

Citation(s)
1993 SLG 797 1993 SLD 797 1993 CLC 1340
Lahore High Court

MIAN GHULAM AHMAD, J
Muhammad Zawar Shah for Petitioners. Muhammad Amir Bhatti for
Respondents

MUHAMMAD SAEED KHAN and another

VS

CHAIRMAN, MUNICIPAL COMMITTEE, PAKPATTAN SHARIF and another

Law:

Section:

West Pakistan Motor Vehicles Ordinance (XIX of 1965)--- ----S. 80---West Pakistan Motor Vehicles Rules, 1969, Rr.256 & 248--­Municipal Committee granting "No-Objection Certificate" to petitioners for setting up Wagon Stand within its area---Such "No-Objection Certificate" was subsequently withdrawn by the Municipal Committee for petitioners were found to have committed violation of 8.256, West Pakistan Motor Vehicles Rules, 1969---Petitioners claimed that Regional Transport Authority.11onc was competent to sanction such Wagon Stand and Municipal Committee had nothing to do with that---Petitioners having themselves approached Chairman. Municipal Committee for sanction of the stand, would be estopped to plead that Chairman, Municipal Committee could not figure in picture anywhere---Municipal Committee had allowed petitioners to establish their Wagon Stand provided their such business activity did not create problems or amount to effecting encroachment on Municipal land they would pay toll tax and Adda fee---No-Objection Certificate was subsequently withdrawn for petitioners were found to have committed violation of 8.256, West Pakistan Motor Vehicles Rules---Petitioners instead of proving that they had not violated the undertaking given by them to Municipal Committee had maintained that they were not prepared to submit to the authority of Chairman, Municipal Committee---West Pakistan Motor Vehicles Rules postulated that Government would in constitution with the Local Authority (Municipal Committee) determine places where Motor Vehicles would stand permanently or stop for a transitory span---If permission was granted, without such consultation. same; might come into conflict with the Scheme of Local Body or may otherwise have the effect of offending against public health and safety or traffic control ---Pemission granted by the Authority without consultation with Municipal Committee, would constitute violation of requirements of S.8tl, West Pakistan Motor Vehicles Ordinance and 8.248, West Pakistan Motor Vehicles Rules---Such consultation being mandatory, consultation with Members of Parliament or Assembly or Police could not partake character of consultation…
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