Law: West Pakistan Motor Vehicles Rules, 1969

Section: 253(5),256(d)

Law: Punjab Local Government Ordinance (XIII of 2001)

Section: 3,116,137,Second Schedule

Law: Punjab Bus Stands and Traffic Control (Lahore) Ordinance (XIX of 1963)

Section: 6,8

West Pakistan Motor Vehicles Rules, 1969--- ----Rr. 253(5) & 256(d)---Punjab Bus Stands and Traffic Control (Lahore) Ordinance (XIX of 1963), Ss.6 & 8---Punjab Local Government Ordinance (XIII of 2001), Ss.3, 116, 137 & Second Sched.---Vehicles parked outside General Bus Stand---Charging of Parking/Adda fee or tax---Scope---Such fee could be charged from vehicle having originated journey from or terminated journey at Bus Stand and enjoyed services provided there, but not from every vehicle entering Municipal limits or plying on road---No such fee could be charged from vehicles not using Bus Stand or its facilities or services--Regional Transport Authority (RTA) had exclusive jurisdiction to grant permission to establish General Bus Stand---Regional Transport Authority had powers to fix fee payable by vehicles for using facility on Bus Stand---Levy of parking/Adda fee without blessings of the Authority would be illegal---District Coordination Officer or Nazim of City Government had no authority under law to impose such fee on vehicles not enjoying/utilizing services of Bus Stand--Imposition or collection of such fee or tax from vehicles outside Bus Stand at Check Points fixed by City District Government, vide notification would be without lawful authority--Principles. THIS ORDER PASSED BY: FAZAL-E-MIRAN CHAUHAN, JUSTICE:---.--- This order shall dispose of W. P. No. 5939 of 2008 (Israr Ahmad Khan v. Secretary Local Government, etc.) and W. P. No. 4572 of 2008 (City District Government Lahore v. Government of the Punjab), as common question of law and facts are involved in these petitions. 2. The petitioner, who is owner of Khan Brothers Flying Coach and Khan Brothers Transport Service, Head Office Abdullah Pur Stand Faisalabad, sub-office Bus Stand Badami Bagh, Lahore has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. The facts of the case are that, levy of tax/fee being collected from all buses at the rate of Rs.500 A.0 seating capacity up to 36 or above 36; Rs.300 A.C. coasters seating capacity less than 36 and more than 16 and Rs.250 A.C. wagons seating capacity up to 16 Besides this, A.C.…

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