IFTIKHAR HUSSAIN CHAUDHRY, C.J. The District Nazim and Administrator, Market Committee removed/or ordered removal of goods transport business from the precincts of new Grain Market, Dilkot Road, Faisalabad on 30th November, 2005. Present petition was submitted with a grievance that petitioner and others engaged in goods transport were restrained from carrying on their lawful business, which they were doing for decades in the area.
2. Notice of the petition was issued to respondents. Learned counsel for the parties have been heard today.
3. Learned counsel for the respondents submitted that various "truck addas" were established near the Grain Market by people, which caused hindrance in the smooth flow of traffic, as goods were stacked on the roadside and trucks were also parked on the roadside and in public interest, this business was ought to be removed from that area and nothing illegal was done by the respondents, It was submitted that the goods transporters neither had any warehouse nor had any parking area and they used public places for their business and for that the respondents had ample authority to check the' unlawful business of the goods transport in the area. Learned counsel submitted that he had instructions that as far as movement of agricultural produce into or out of Grain Market was concerned, that would be permitted but for the purpose trucks would be allowed to enter the Grain Market from 11.00 p.m. To 5.00 a.m. Daily, as was being done in all the major metropolitan areas of the Province. Learned counsel for the petitioner submitted that if the petitioner and others were allowed to carry goods into and out of the Grain Market within the period, being prescribed by the respondents, they would accept the proposition.
4. Since the "truck addas" have been removed from the Grain Market area by the respondents in public interest for smooth flow of traffic, which is for the benefit of public as well as the traders in the area, the action taken by the respondents in that regard, cannot be considered to be unlawful.
As has been submitted a the Bar, the goods transporters shall be permitted to carry agricultural produce, as defined in section-2(a) of the Punjab Agricultural Produce Markets Ordinance, 1978 into and out of the new Grain Market, for the benefit of dealers, as defined in section 2(b) of the aforesaid Ordinance, from 11.00 p.m. To 5.00 a.m. Without let and hindrance by the respondents.
However, the goods transporters shall not be permitted to set up addas in and around the Grain Market and the respondents shall be at liberty to take any appropriate action against illegal operators, in accordance with law.
5. Disposed of.