KARACHI, Aug 15: A division bench of the Sindh High Court on Thursday admitted a petition against the levy of charged parking by the city government and directed it to deposit the amount collected from the entire city with the Nazir of the court and fixed the matter for Aug 20.
The bench, comprising Justice Sabihuddin Ahmed and Justice Ali Aslam Jafferi, passed the order when petition filed by lawyers belonging to the Sindh Bar Council came up for hearing.
While passing the order, the bench put the AG Sindh and the city government on notice.
The petitioners are: Mustafa Lakhani, advocate, ex-vice chairman of Sindh Bar Council, and Mohammad Sadiq, advocate, and Mohammad Ismail Memon, the sitting members of the SBC.
It is their contention that the petitioners and public at large were enjoying the facility of car parking throughout Karachi without paying any parking fee or without any let or hindrance from any quarter till coming into existence of the city district government and district officer revenue on Aug 14, 2001, under the Sindh Local Government Ordinance No. XXVII of 2001.
They and all other car-owners in Karachi are tax-payers and contribute a considerable amount to the federal and provincial governments by way of income and sales taxes. They also pay property tax, road tax, professional tax and advertisement tax, water and sewerage and conservancy taxes to the city government.
It is their contention that after the promulgation of the Local Government Ordinance, 2001, and subsequent elections, the city government has illegally taken over all powers of local government vis-a-vis other institutions, like KMC and KDA.
The petitioners maintain that they were shocked at the issuance of notification No. 627/D (R0/02 dated May 30), which has taken away their vested and inherent rights of parking without paying parking charges.
The petitioners maintain that the said notification is not only contrary to law but also against the fundamental rights of the petitioners guaranteed under Article 24 of the constitution.
The petitioners submitted that even streets, playgrounds, hospitals or business bye-lanes and streets, residential or commercial areas, have been made charged parking zones, manned by unauthorised contractors who demand payment for car parking, without providing and facility such as motorable road, safety of vehicles, etc.
That even the City Nazim has asked EDO Finance to consider way and means to mitigate complaints of people who are being charges for car parking their vehicles in the city areas.
They maintain that the levy of car charged parking is illegal, unauthorized and without jurisdiction because respondent Nos. 2 and 3 have no power, authority and jurisdiction to levy charged parking fees under the Sindh Local Government Ordinance, 2001.
The respondents Nos. 2 and 3 have no power to issue impugned notification to levy car charged parking fees under any provision of Sindh Local Government Ordinance, 2001.
It is their case that the impugned notification is discriminatory in nature and against the constitution, inasmuch as cars of government officers and government employees park their cars without paying any parking fees.
Under Section 116, read with 1st Schedule of the Sindh Local Government Ordinance 2001, respondent No. 2 is required to publish and invite public objections regarding any levy of rent / toll, etc. but the respondent Nos. 2 and 3 have failed to do so as no publication has been make in newspapers. Hence the impugned notification is illegal and inoperative.
It is their case that the intention of the legislature for the promulgation of the Ordinance 2001 is nullified by issuance of the impugned notification.
It is their contention that the defunct Karachi Metropolitan Corporation, Karachi Building Control Authority and Karachi Development Authority, now merged with the City District Government, allowed builders to construct buildings without reserving car parking place.
It is their contention that respondent No.2 has issued the impugned Notification without adopting the rules as prescribed under the Sindh Local Government Ordinance, 2001.
The impugned Notification has prejudiced the petitioners and the citizens of Karachi as they have to bear extra cost in the shape of car parking charges and hence the Notification should be struck down.
The petitioners have prayed for declaring the impugned notification as illegal, void, of not legal effect and inoperative, and to restrain the respondent Nos. 2 and 3 and their contractors / servants / agents from recovering the charged parking fees from the petitioners and other citizens of Karachi.
A similar petition was earlier filed by Jawaid Ahmed Siddiqui advocate on behalf of the residents who had challenged the notification concerning levy of parking fee for vehicles outside Uzma Arcade, SASI Arcade and Marine Point situated at Block-7, main Clifton Road.
It is the case of the petitioners that they and other common visitors use the car parking in front of the buildings known as Uzma Arcade/Sasi Arcade and Marine Point. The district officer (respondent No.4) vide a notification No: 627/DO(R)/02 dated May 30 (regarding charged parking) had taken away the vested and inherent rights of the petitioners.
It was their contention that the Sindh Local Government Ordinance 2001 does not empower the city government to resort to charged parking.
The bench after hearing the petitioners briefly, directed the respondents to deposit the amount being collected in the name of charged parking from all over the city by the city government, with the Nazir of the court, along with the daily financial statement. The amount will be deposited in a profitable savings account until a financial decision on the vires of the local government’s authority to levy such charge was decided by the government.
The order was similar to the one passed earlier in the pending petition of the residents of Uzma Arcade/Sasi Arcade and Marine Point.