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1993 CLC 823

PAKISTAN MOTOR TRANSPORT FEDERATION vs TOWN COMMITTEE, SERAI

Citation1993 CLC 823
CourtLahore High Court
Judge(s)Khalil-Ur-Rehman Khan
ResultAppeal dismissed

' This judgment shall dispose of this petition as well as other twelve petitions (W.P. No,6158/91, W.P.

No,2641/91, W.P. No, 5743/91, W.P. No,486/92, W.P. No,382/92, W.P. No,396/92, W.P. No,4197/92, W.P.

No,4198/92, W.P. No, 4419/92, W.P. No,4124/92, W.P. No,4200/92, and W.P. No,4485/92) as the question of law raised in all these petitions is one and the same.

2. The relevant facts briefly stated are that Town Committees respectively respondents in each of these petitions levied Adda fee at different rates for every vehicle and the contractors who are leased out the right to collect municipal taxes including Adda fee started levying and collecting the Adda fee from every vehicle passing through the limits of Town Committees or local councils. The levy and collection of the Adda fee was challenged by the Motor Vehicle owners, the present petitioners on the ground that no Adda fee could be levied without prior approval of the Regional Transport Authority and that the fee could only be charged for services rendered by them and for any facility utilized by any of the vehicles at an approved bus stand.

3. During the pendency of these petitions, the Government realizing that the Adda fee being charged is not authorised by law has issued instructions firstly vide Memo. No,SOV (LG) 3-4/80 (P- II) dated 21st of July, 1992 to the effect that Adda fee and parking fee from transport vehicles should only be charged by those local councils who have class stand approved by the concerned Regional Transport Authority. Later on, the same instructions were issued vide Memo.

No,SO.VI(LG)3-4/90 (P-II) dated 29th of September 1992.

4. The learned Additional Advocate-General states that the Town Committees and the Local Councils have in pursuance to the said memorandum stopped charging Adda fee from the vehicles except where the vehicles are utilizing services of parking etc. At a class stand. Begum Nasira Iqbal, Advocate appearing on behalf of Town Committee, Ghakhar and Malik Amjad Parvaiz, Advocate for Town Committee, Sarai Alamgir confirm the aforesaid statement of the learned Additional Advocate-General. This being the position, the grievance of the petitioners stands redressed. The Adda fee and the parking fee from transport vehicles can only be charged by those local councils who have class stand approved by the Regional Transport Authority. The vehicle utilizing services at the class stand will have, of course, to pay the Adda fee or the parking fee in accordance with law. The petitions, thus, stand fructified and are disposed of accordingly.

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