' NASIM SIKANDAR, J.---The prayer made in this constitutional petition sufficiently explains the case of the petitioner, which reads as under:-- ' "In view of the submissions made above it is respectfully prayed that:--
(i) A direction may graciously be issued to the respondents to refrain A from interfering in the installation, construction, and operation of petitioner's CNG Filling Station i.e, Messrs Chenab CNG Station at Khasra No,25, Km 1382-1384, Rehmania, Tehsil and District Gujrat on Median of N-5, in any manner whatsoever/being established, on the land obtained on lease from the NHA for this specific purpose and after meeting all the codal formalities of obtaining Licence from OGRA and A NOCs from the NHA and all the other concerned Federal and Provincial Departments through the DCO Gujrat, in accordance with the Petroleum Rules, 1937 and CNG Policies of the Federal and Provincial Governments; and
(ii) The respondents may graciously be restrained from illegally and without any lawful authority, compelling the petitioner to obtain additional NOC from them, for establishing the CNG Station in sheer breach of the Notification of the Federal Government No, S.R.O. 1(KE) of 2007 dated 22-12- 2006 (Annexure-F) published in the Gazette of Pakistan-Karachi, Tuesday 9-1-2007 [whereby the IB Federal Government has amended the Petroleum Rules, 1937] as well as the Notification of the Government of the Punjab, Industries Department No, STO (PSB) 3-4 of 2005 dated 20-12-2006 (Annexure-G/ 1) [whereby, the Provincial Government has partially modified the CNG Policy], specifically issued by encouraging wide spread use of CNG."
2. On the other hand, it is the case of respondent No,1 National Highways and Motorways Police that installation of CNG Station at the proposed site is likely to endanger the lives of the people travelling in vehicles. In para. (d) they have detailed the following three reasons to make their point:--
(i) The driver would not observe the CNG filling station due to the curve and the maximum speed limit of the vehicle. As a result, instant vision of filling station, the LTV driver will have to apply abrupt brakes without using required procedure categorically since there is no lane or hard shoulder with the right fast lane. The LTVs comig from behind with prescribed speed limit will not observe the action and there will be a chance of accident/incident.
(ii) As far as the HTVs are concerned, HTVs have to join right fast lane for refueling or any other purpose with their speed limit i.e, 90 Km/h, which is specified lane for LTVs with 100 Km/h speed limit. It has been experienced that the results of such accidents are very painful.
(iii) It is a common tendency among the drivers of Pakistan that they are not maintaining the safe distance from the vehicle moving ahead."
' In support Of their objections the respondent-Highways Police, has also placed on record a number of photographs of the proposed site. Also a handmade sketch has been submitted to highlight the fact that the moving vehicular traffic will seriously be endangered when some of them enter the site for filling or make an exit on the main road after filling. Lastly, however, it is stated that the respondent-Highways Police will have no objection if the petitioner acquires land on North carriageway (left side) adjacent to hard shoulder/left lane.
3. Having heard the learned counsel for the parties and on examining the site map as well as the photographs, I am convinced of the three objections stated by the respondent as reproduced above. The right of doing a lawful business must yield to the safety concern of the commuters and the vehicles moving on the highway.
4. As far the competency of the respondent to object to the construction of CNG station at the proposed site, again I will agree with the learned Deputy Attorney General that section 90(2)(a)(m) and (o) of National Highways Safety Ordinance, 2000 rather makes it obligatory for the National Highways Police to examined desirability an necessary of various facilities along the National Highways from the security and flow of traffic stand point.
5. Petition rejected.