SHC Bars Cantonment Boards Across Sindh From Charging Parking Fees

Aizbah KhanWeb Editor

10th Jul, 2021. 12:36 pm
SHC Bars Cantonment Boards Across Sindh From Charging Parking Fees

The Sindh High Court restrained cantonment boards and their contractors across the province from charging parking fees for vehicles till further orders.

According to the report, a petition in which the Ministry of Defense and all the cantonment boards of Sindh were made a party, had requested that these institutions could not charge parking fees in the light of the Supreme Court decision.

Petitioner’s counsel contended that the Cantonment Board Clifton (CBC) had issued an advertisement in March for an agreement to collect parking fees.

The lawyer said that in the case of Hyderabad Cantonment Board, as per the 2015 decision of the Supreme Court, there was no provision in the Cantonment Act 1924 under which it was eligible to collect parking fees and therefore such revenue was illegal. ۔

A two-judge bench headed by Justice Muhammad Shafi Siddiqui observed that the CBC had acted under the said Act but its lawyers were unable to assist the court on the law under which parking fee claims were made. Was advertised for the contract.

The court order said, “Neither the parties nor any authority/contractor can claim the parking fee till further orders. The CB has asked for time to give its opinion. The matter was taken to court in the first week after the summer vacation.” I will decide.

Petitioner Ata Mohammad, referring to the Sindh High Court, had said that the dispute over parking fees under the jurisdiction of the Cantonment Board had already been resolved by the Supreme Court in its 2015 judgment and the Hyderabad Cantonment Board’s appeal in this regard. The review request was also rejected.

However, he opined that all cantonment boards in Sindh charge parking fees in violation of Supreme Court decisions.

The petitioner further said that the cantonment boards were awarding contracts to private individuals for the collection of parking fees, which was illegal as well as against the rule laid down by the Sindh High Court in the 2017 Continental Biscuit Limited case.

He sought in light of the decisions of the Supreme Court and the SHC to declare the parking fee and its collection directly or indirectly as jurisdictional and illegal.

The petitioner sought an order from the court declaring the collection of parking fees by the cantonment boards as illegal regulatory.

They sought a permanent restraining order to prevent the board and its contractor or anyone else from collecting/collecting parking fees from anyone.

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