Illegal Vehicle Weighing Station Permission
عوام اور ٹرانسپورٹرز کو غیر قانونی فیس سے تحفظ فراہم کرنا حکومت اور متعلقہ اداروں کی ذمہ داری ہے۔
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عدالتی موقف
سڑک کی حفاظت اور عوامی تحفظ
عدالتی حوالہ جات
40251
1503
Abdur Rehman v. Secretary Local Government (Wiqar Ahmad, 1)
2025 C L C 1503
[Peshawar]
Before Syed Arshad Ali and Wiqar Ahmad, JJ
ABDUR REHMAN ---Petitioner
versus
SECRETARY LOCAL GOVERNMENT and others ---Respondents
Writ Petition No. 2656-P of 2022, decided on 18th March, 2024.
Constitution of Pakistan---
Art. 199-Constitutional petition---Execution of an agreement and issuance of NOC for establishing a Vehicle Weighing Station on road---Authority competent to execute such an agreement---Determination---Petitioner sought direction to the Tehsil Municipal Administration (TMA) not to interfere in the business and functioning of such weighing station---Validity---Road was under the domain of Pakhtunkhwa Highways Authority as its construction, repair or maintenance was supposed to be conducted by the Provincial Government through Pakhtunkhwa Highways Authority and the TMA had nothing to do with same, thus, weighing station, if required for checking overweight vehicles, was also supposed to have been established by the Pakhtunkhwa Highways Authority itself or under authorization of the authority and if the road was being damaged due to overweight vehicles, this was not a cause of grievance for the petitioner or even of TMA---Pakhtunkhwa Highways Authority had never granted permission for the establishment of weighing station to the petitioner and no tax could be imposed on such vehicles except by a forum expressly authorized by a law-So far as collection of fee was concerned, existence of quid pro quo for collection of such fee was sine qua non-No services were being extended by TMA for construction or maintenance of the road, thus, it had got no concern with weight of the vehicles-Agreement executed by TMA and NOC granted by it were totally divested of any legal authority and same were declared to be without lawful authority, null and void-Petitioner had no claim against the respondents as he had been illegally extorting money from the people, thus, what had been done was treated as past and closed transaction and no action for recovery against petitioner or TMA on
G
CLC
1504
CIVIL LAW CASES
[Vol. XLV
such score was taken---Respondents should be duty bound to protect the transporters and people of the locality from the burden of the unlawful levy-Past practice of collecting money from people on pickets and barricades or otherwise (even existing in the past)may not be allowed to be continued in future---Constitutional petition was dismissed, in circumstances. (pp. 1507, 1508, 1509] A, B, C & D
Federation of Pakistan v. Durrani Ceramics 2014 SCMR 1630; Messrs Lucky Cement Factory Limited and others v. The Government of N.W.F.P. through Secretary Local Government and Rural Development Department, Peshawar and others 2013 SCMR 1511 and National Commission on Status of Women through Chairperson and others v. Government of Pakistan through Secretary Law and Justice and others PLD 2019 Supreme Court 218 rel.
Maqsood Ali for Petitioner.
Taskeenuddin Khattak, Additional Advocate General for Respondents.
Sikander Rashid for Respondents Nos, 6 and 7.
Date of hearing: 18th March, 2024.
JUDGMENT
2025
had pet whi file
Ch Au rep lav the rec na Pa tha sa he pe ar Co L
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