' The grievance voiced through this Constitutional petition by Iftikhar Ahmad is that although the City District Government of Lahore has fixed maximum Parking Fee of Rs,5/- for parking of vehicles at the Parking Stands within the City of Lahore, but its Contractors, to whom the contracts have been awarded for collection of Parking Fee for different vehicles are indulging in over-charging.
Certain paid receipts, showing over-charging of Parking Fee have also been filed alongwith this petition.
2. When the petition came up for preliminary hearing on 25h of November, 2003, respondent No,3 was directed to submit report and parawise comments.
3. The respondents have submitted report and parawise comments, wherein it is inter alia mentioned that the City District Government, Lahore, has established Parking Stands at different points of the City and collection rights of the Parking Fee have been leased out, through open auction to different Contractors, that the areas of Parking Stands have been duly demarcated, and that the City District Government has approved the following schedule of Parking Fees for the vehicles to be parked at such Stands:- "(1) Car/Taxi Rs,5 per day per trip
(2) Motorcycle/Rickshaw Re.3
(3) Cycles Re.1
4. Khawaja Muhammad Afzal learned Senior Legal Advisor for City District Government, Lahore, has submitted that in order to ensure that the Contractors do not indulge in over-charging, the Parking Stands are frequently visited and checked by the Officers of the respondents; that those found indulging in over-charging are challaned and heavy fines are imposed on them, and that if any Contractor is found guilty of overcharging and is challaned for five times, his contract is rescinded.
Following details in this connection have been provided:-- "(1) Challans submitted against the Contractors in the Court 80 Nos.
(2) Cancellation of Contracts. 2 Nos.
(3) F.I.Rs, registered against the contractors on the 5 Nos. Allegation of over-charging
5. It is further submitted that City District Government has displayed Schedule of. Parking Fees on each Parking Stand, alongwith telephone numbers of the concerned Officers to whom information can be rendered in the event any Contractor is found indulging in overcharging of Parking Fee, and that if any complaint is received, quick action is taken by the respondents.
6. Be that as it may, the fact remains that the petitioner has filed alongwith the writ petition more than fifteen receipts issued by the Contractors of the City District Government. Through all these receipts, an amount of Rs,10/- had been charged as Parking Fee for parking of cars and motor- cycles. On none of the receipts, the name of the Contractor is printed. Even there are no particulars, at all, given on any of the receipts, with the result that the Parking Stands fromwhere these receipts have been issued, can be identified. Consequently, it is absolutely impossible for anyone, let alone an Officer of the City District Government, to proceed against the Contractors on the basis of such receipts, even if a complaint is made, in particular, when there will be hardly a Contractor who will be telling the truth and accepting liability. The concerned Officers of the City District Government may be able to take action only against those Contractors who are caught red-handed by them, but a little clever Contractor, who previously knows the Officer raiding his Parking Stand would certainly escape liability by concealing the Receipts Book, containing receipts wherein the amount of fee is mentioned more than the prescribed one. Therefore, to say that the City District Government keeps an eye over the activities of its Contractors or that the present system is effective one, is a mere eye-wash. Unless a fool-proof system which is real and effective and not a mere pious and abstract sentiment, a reality and not a teasing illusion, is devised and implemented, with an earnest desire to produce the required results, the grievance of the citizens would not alleviate. When confronted with this situation, Khawaja Muhammad Afzal learned Senior Legal Advisor for A City District Government, Lahore undertakes that appropriate measures shall immediately be taken to ensure that all the Contractors get their names printed on the Parking Fee receipts to be used for the purpose and issued to the public making use of Parking Stands, besides mentioning therein the particulars by which one may easily identify the concerned Parking Stand.
7. Learned counsel for the petitioner also entered caveat with regard to the plea of respondents that the Schedule of Parking Fees has been displayed on each sanctioned Parking Stand.
According to him, no such ,Schedule presently exists on any Parking Stand, because in the presence of the same the Contractor may not indulge in over-charging with impunity, and without fear of any resistance from the general public or action by the City District Government. The plea of the learned counsel for the petitioner is not altogether unfounded. Therefore, I would direct that the Schedule of Parking Fees shall be displayed at some conspicuous place of each Parking Stand so that it should attract one's eyes easily, and in the event of over-charging by a Contractor, the citizen concerned may be able to confront him with the same.
8. In view of the above assurance, and that till such time respondents make adequate arrangements to redress the grievance of the citizens, any complaint made would be attended to quickly, and without any loss of time, and the direction given above no further action is called for in this petition for the time being and the same is disposed of accordingly.