1. This judgment shall dispose of W.Ps. Nos. 24403-98, 22721-97, 18810-99, 1184-99, 3472-99, 13212-97, 1413-2000, 13515-97, 23633-97, 22054-97, Cr. Org. No,50-W-99 in W.P. No,15098-98, Cr.Org 1688-W- 98 in W.P. No,24403-98 and Crl.Org. 792-W-98 in W.P. No,13515-93 as all of them relate to plying of buses/coaches, use of halting points and the establishment/allotment of D-Class stands in the city of Faisalabad as well as use of bays at General Bus Stand, Faisalabad. All these cases have got a chequered history. These have been placed before me under the order of the Hon'ble Chief Justice. Common ground in all these cases taken by the parties is that they have been meted out a discriminatory treatment because of the favourable attitude of the official respondents towards certain transporters who have monopolized this system because of their political influence and their act has not only generated heart-burning and frustration among the deprived transporters but has also created numerous problems for the public-at-large. I have tried to give brief facts of all these petitions which are as under: Facts in W.P. No,24403-98, 22721-97 and W.P.No,18810 of 1999 are that the petitioners in these cases were allotted halting points under the order of the then Provincial Minister for Transport at different times in late eightys (80s) in relaxation of all rules. The said licences of halting points were provisional in nature and it was one of the conditions that the licensees would not park their vehicles on the road side causing hindrances to the flow of traffic. A prayer is also made in these writ petitions that the respondent official functionaries be directed to provide them alternate places for plying their coaches/buses and till that time no interference shall be made in the use of their halting points. In W.P. No,1184-99 and 3472-99 grievance is made that the respondent functionaries have closed down their halting points/stands from the thickly populated area of Faisalabad but certain transporters have been given favourable treatment as they have been allotted D-Class stands in a discriminatory manner. Exception in this case has been taken to the allotment of D-Class stand to Messrs Khawaja Travel Service in a thickly populated area by the Regional Transport Authority through orders dated 29-5-1994 and 29-6-1995. Exception has also been taken qua the illegal establishment of the stands on the State land by M/s. Zia Travel Service in an illegal manner. Prayer in these writ petitions has been made that all the said halting points/stands which are functioning in a thickly populated area of Faisalabad shall be removed forthwith. In W.P. No,23633-97 the petitioner has put up his case that all the wagon stands/halting points were closed down in the thickly populated area of Faisalabad and were shifted to Abdullahpur Canal Rakh Branch, however, a D-Class Stand has been allotted to M/s. Kohistan Luxury Coach at Terminal No,2 inside City Liaqat Road, Faisalabad on 27-4-1994 by the Secretary Regional Transport Authority, Faisalabad in a discriminatory manner. In W.P. No,13212-97 a direction is sought that the respondent Zila Council, Faisalabad be directed not to interfere in the D-Class Stand established on land taken on lease from Zila Council. In W.P. No,13515-97 and 22054-97 exception has been taken to the construction/maintenance of stands alongside canal road Abdullahpur on the ground that the same has completely frustrated the use of green belt and has caused tremendous damage to the environmental conditions of the area. In W.P. 1413-2000 the petitioner New Khan Transport has put up its case stating that the company was allotted bay No,5 at the General Bus Stand, Faisalabad some time back. Since this place is not sufficient to meet the requirements of the company, as such, a prayer is made for its adjustment in bay No,32 at the General Bus Stand, Faisalabad as well. Argument has been advanced from the petitioners' side mostly for the protection of their halting points/stands which they have been utilizing for a considerable period. In some cases it has been argued that the respondent official functionaries have got no right to dispossess the transporters from the halting points which were allotted to them more than a decade earlier. A prayer is also made that the allottees be provided with the alternate sites. Argument has also been advanced that' the respondent functionaries have doled out the sites at Abdullahpur Canal Rakh Branch to certain persons on a political consideration without determining entitlement of the allottees. Argument has been advanced from the other side that most of the transporters under the garb of the allotment of halting points have encroached upon the State land which illegal act has not only caused traffic hazard but has also created numerous problems for the public at large. They according to the learned counsel have succeeded in securing these stands in an illegal manner and by misusing their political influence against all norms. Argument has also been advanced that a discriminatory treatment has been meted out to certain transporters as still certain favourite transporters are operating their coaches from inside the city while others have been thrown out without any alternate place. In W.P. No,13212-97 .Mr. Bashir Zafar learned counsel for Zila Council, Faisalabad has argued that Zila Council granted lease to one Sughran Perveen of the shops on a monthly rent on 21-8-1991. The writ petitioner Ch. Shahid Nazeer under political influence secured said lease from Mst. Sughran Perveen in the name of one Raja Abdul Khaliq of Kohistan Luxury Coach Service at a time when Zahid Nazeer his real brother was Chairman of the Zila Council. He has argued that said lease could not have been transferred under the law. He has further pointed out that the lease period had already expired and the petitioner is occupying the land for the purpose of stand in an illegal manner. I have considered the contentions. Since all these cases have been argued at quite some length, as such, they are disposed of as Pacca matter. It is pertinent to mention at the very outset that most of the transporters of Faisalabad got themselves impleaded as party by filing different miscellaneous applications in the forementioned Constitutional petitions where exception has been taken as already stated to the establishment of stands at Abdullahpur Rakh Branch Canal as well as removal of halting points/Addas and the hindrances created by respondent official functionaries in the use of the same. I have also noticed that a challenge was earlier thrown in W.P. No,2048-91 to the establishment of stands at Abdullahpur Rakh Branch Canal and the misuse of green belt which is considered lungs of society. Said writ petition was disposed of on 25-10-1992 by a learned Judge directing the petitioner therein to approach either Commissioner, Faisalabad Division or Deputy Commissioner both being Incharge of the administration of the State land. It is also to be appreciated that an order was passed by a learned Judge qua this very dispute regarding the establishment of stands in W.P. No,1345-91 titled M/s. Subhan Flying Coaches v. Commissioner, Faisalabad Division etc., which was disposed of on 25-10-1992 in the following terms: "The learned counsel for the petitioner has placed on record, a copy of the order passed by the Commissioner, Faisalabad on 10-4-1991 in which it has been decided that the allotments made by Faisalabad Municipal Corporation or any other agency are of no consequence and a committee comprising the Deputy Commissioner, Faisalabad, Secretary, R.T.A. And a representative of Municipal Corporation, Faisalabad has been set up to make recommendations for allotment of halting points at the proposed stands. The learned counsel for the petitioner states that in view of this development, the main grievance of the petitioner, has been redressed and he has no furhter cause of action. While disposing of this petition it is directed that the respondent will proceed further in the matter in accordance with law. However, the parties may approach this Court again, if need so arises. Disposed of accordingly." It is to be appreciated that the halting points on which reliance has been placed heavily were given/allotted under the direction of Provincial Minister for Transport on political consideration without adhering to the requirement of law in late eighties (80s).
2. Learned counsel appearing in support of halting points could not produce any law or rule which authorised the Minister for Transport to allot the same. The halting points are sanctioned under section 80 of the Motor Vehicles Ordinance, 1980 by the Government. The same can only be utilized for a short period just to enable the passengers to go aboard or to alight from buses/coaches. It cannot be used for starting and terminating the journey. Further these are not sanctioned to any specific party or transporter. All public service vehicles can stop for a very short duration just for the purpose of taking up and setting down the passengers. There is tremendous force in the argument of the learned Law Officer Mr. Fowzi Zafar that mushroom growth of halting points in Faisalabad City and their misuse have completely suffocated the general flow of traffic. With the passage of time the transporters instead of using these places as halting points started their use as full-fledged stands. Reliance in this respect is placed upon Sunny Flying Coach Service v. Government of Punjab and others 1995 CLC 1992 where it was held as under: "I agree with the Secretary, Regional Transport Authority, Bahawalpur. The halting points of general nature cannot be used for the starting or termination of a journey. At a halting point of general nature all public service vehicles can stop for a very short duration just for the purpose of taking up and setting down passengers. Even though greed is a curse there is no end to it. The common scene/complaint is that the transporter(s) effect the overloading in the buses, misbehave with the passengers, make the overcharging, make the passengers to sit on the roofs and the halting points are considered/used by them as regular D-Class Stands where they stop the buses, wagons to the inconvenience of the public at large. Whenever the effort is made by the Administration to control such a situation in the larger interest of the citizens the transporter(s) make the hue and cry and obviously to put the pressure upon the Administration as the direction order of every type which is issued/passed by the High Court has its effect of enormous importance. Even a direction issued by the High Court to the Secretary, Regional Transport Authority or the D.S.P. (Traffic) or other officers of the Administration that they shall proceed in accordance with law is misused. I am not going to accept the canvassing made by the learned counsel for the petitioner that only the halting point is used by the petitioner and even then he is harassed. Halting point is a place where the vehicles can stop for a very short duration, say one minute or so just for the purpose of taking up and setting down passengers. However, many of the transporter(s) make the vehicles stand for considerable time which also becomes a cause of grumble for the other transporter(s) using the D-Class Stand or any other sanctioned stand. The Wisdom behind this idea that the halting point of general nature is a place where all public service vehicles can stop for a very short duration just for the purpose of taking up and setting down passengers is that the person(s) who use the D-Class Stand or any other sanctioned stand while acquiring some rights also make themselves liable to provide conveniences to the passengers which may be in the form of sheds, benches, public conveniences and Rest Rooms etc. My view is that this petition has been filed with some ulterior motive and obviously to put the pressure upon the Administration. The petitioner is not entitled to the discretion of this Court in any manner. He can use the halting place for the shortest possible time just for the purpose of taking up and setting down the passengers. In this regard -no' interference is being made. I, therefore, hold that this writ petition has no merit and there is no occasion to question the authority of the respondents." Since these halting points created traffic hazards, as such the district management of Faisalabad conducted a survey and decided to shift halting points from densely populated area i,e, Railway Road, Circular Road, Kotwali Road etc. It was decided to provide alternate land at Abdullahpur Rakh Branch Canal which according to the learned Law Officer was under the possession of Irrigation Department and was being used as a silting tank. This decision of shifting of stand according to the learned Law Officer was taken to streamline the flow of traffic in the public interest in the city of Faisalabad. This decision for removal of halting points from the congested area is certainly a laudable act on the part of Administration of Faisalabad. However, I fail to understand how and why D-Class Stands have been allotted by the authority again in a congested area wherefrom all others have been shifted. This act on the part of Regional Transport Authority has certainly generated frustration and despodency among other transporters. As far as the stance taken by certain petitioners in W.P. No,13515-97 and 22054-97 to the construction of stands at Abdullahpur Rakh Branch Canal over the green belt is concerned that has been totally denied by the respondents. It is stated by the respondents in their comments that it was a State land which was earlier in the possession of Irrigation Department for the use of silting Tank. This land according to the Revenue Record was owned by the Provincial Government. Even otherwise the issue whether the establishment of stands at Abdullahpur Rakh Branch Canal has polluted the environmental atmosphere and has frustrated the use of green belt is a disputed question of fact resolution whereof would entail a detailed enquiry as such, the jurisdiction of this Court under Article 199 would not be attracted and it would be for the Commissioner, Faisalabad Division being the administrative head or the Deputy Commissioner as the case may be to decide this issue by giving opportunity of hearing to all the parties concerned. These authorities would ensure that the alternate sites are allotted to the eligible persons who have been affected by the removal of halting points/Addas from the congested area of the city. As far as the establishment of D-Class Stands by Ch. Shahid Nazeer subject-matter of W.P.
3. No,13212-97 is concerned the lease period had already expired. The argument of the learned counsel Mr. Bashir Zafar that the same was secured in the name of one Raja Abdul Khaliq of Kohistan Luxury Coach from Mst. Sughran Perveen under political influence has got tremendous force. However, I do not want to dilate much on this issue as the lease period had already expired and the respondent functionaries in the circumstances would ensure that no illegal encroachment would be allowed to be made on the State land by anyone.
4. The question of allotment/adjustment of bay as agitated in W.P. No,1413-2000 at General Bus Stand, Faisalabad is concerned that has to be resolved amicably by the functionaries keeping in view the interest of the transporters as well as public-at-large. It is pertinent to mention here that no body has got a vested right to claim a particular bay as allotment of bay is not regulated by any statutory rule. It is merely a contractual matter governed by the terms and conditions under which the same is allowed. I have been told that a policy has already been formulated that in future bays would be allotted on route basis on the principle of First Come First Go. At certain places it could not be adopted because of the paucity of space. However, the position in Faisalabad is otherwise. In order to streamline the movement of transport so as to have disciplined traffic it would be in the interest of all concerned that the bays should be allowed/allotted on route basis which would avoid rat race among the drivers which has caused many accidents taking lives of innocent persons. As already stated practice of allotting bays on route basis is being followed at many stands. This practice if adopted at Faisalabad would also go a long way in cutting down/reducing not only uncalled for litigation but would also have healthy effect on the smooth flow of the traffic. In view of the aforesaid discussion I dispose of all these writ petitions in the following terms:
(a) That the halting points which were doled out by the Provincial Minister for Transport on political consideration to the individual transporter without having any sanction of law shall be closed down without any discrimination in a transparent manner so as to avoid heart-burning and despodency among the transporters. The genuine affectees shall be provided alternate sites. It is further directed that after the removal of the halting points from the congested area of Faisalabad, D- Class Stands which have been allowed to operate in a discriminatory manner without there being any sanction of law shall also be closed down.
(b) As far as the allotment of bay is concerned nobody has got vested right to claim a particular one. This issue is contractual in nature and is not controlled/regulated by any statutory rule. A policy has already been framed that in future the bays would be allotted on route basis on the principle of First Come First Go. At certain places this policy could not be adopted because of the paucity of space. However, the situation in Faisalabad as already stated is otherwise. Since the parties are pitched against each other in some cases for the allotment of attractive bays for the last more than a decade, as such, I would direct the Administrator, General Bus Stand, Faisalabad to streamline the movement of transport on route basis if which adopted on an even-handed basis in a transparent Manner, would cut down rat race among the drivers daily causing many accidents resulting into the death of innocent persons.
(c) I fail to understand how the petitioner in W.P. No,13212 of 1997 M/s. Shahid Nazeer is maintaining D-Class Stand on a land given on lease on 21-8-1991 to one Mst. Sughran Perveen on monthly rental basis, period of which had already expired. Even otherwise the said lease could not have been transferred in the name of the petitioner. Commissioner, Faisalabad Division being controlling authority is directed to ensure that the land belonging to Zila Council is restored forthwith. He shall also remove all the illegal bus stands established on State land in an illegal manner without any discrimination.
(d) Commissioner, Faisalabad Division shall also look into the grievance whether the site utilized for buses/coaches stands at Rakh Brnach Canal Abdullahpur is polluting the environmental conditions/atmosphere of the area. He shall also ensure that the Green Belt is not misused and its character should be kept intact for the benefit of general public. Resultantly all these writ petitions are disposed of with the aforesaid directions and as earlier stated the Commissioner, Faisalabad Division being the controlling authority would ensure that these are implemented in a transparent manner by giving full opportunity of hearing to all the parties concerned expeditiously. Before parting with this judgment I must point out that during the course of arguments allegations and counter-allegations were levelled by the parties that certain unscrupulous persons without having a single vehicle or route permit of their own are exploiting the situation and are blackmailing the genuine transporters by resorting to uncalled for litigation. The Commissioner while implementing the aforesaid directions shall also enquire into this aspect and take appropriate action so as to ameliorate the genuine grievance of the transporters. There shall be no order as to costs in the circumstances.