2011 PLP 1089 (YLR)

TARIQ JAVAID, J.

This order shall dispose of Writ Petition No.5349 of 2010; Writ Petition No.12848 of 2010; Writ Petition No.16633 of 2010; and Writ Petition No.18616 of 2010, as common question of law and facts are involved in all these petitions.

2. Grievance of the petitioner, inter alia, in Writ Petition No.5349 of 2010 is that Mian Muhammad Ilyas, transporter plying his buses in the name and style of Mian Coach Service, Gujranwala was allotted separate bay, which was violation of Motor Vehicle Rules 1969, as under the said rule a separate bay cannot be allotted to any transporter using the General Bus Stand in category B and C of the said rules. It was also prayed that the petitioner was President of Motors Transport Federation, Gujranwala and office be allocated to him at the General Bus Stand.

3. Grievance of the petitioner in Writ Petition No.12848 of 2010 is that separate bay was allotted to the petitioner for plying coaches of the petitioner which has been cancelled by the respondents and under the law having large number of coaches he was entitled to separate bay. It was also argued that he was condemned unheard and bay allotted to him was subsequently allotted to respondent No.4 whereas the petitioner was entitled to the possession thereof for plying his Coaches etc.

4. Grievance of the petitioner in Writ Petition No.16633 of 2010 is that the petitioner was allotted Bay No.3 from Gujranwala Bus Stand to Wah Cantt. It is stated that Bay has exclusively being allotted to respondent No.2 and other transporters to ply wagons from Gujranwala to Wah Cantt. from the said Bay, whereas he was plying buses from Gujranwala to Rawalpindi only and as such the concession was not only misused by him, it is also resulting in a detriment for the other transporters plying buses from Gujranwala to Rawalpindi.

5. Grievance of the petitioner in Writ Petition No.18616 of 2010 is that respondent No.3, who is an influential transporter has been given Bay No.3 for plying wagons from Gujranwala to Wah Cantt and that no such allotment could be made. It is discriminatory, void and has been allowed for extraneous consideration and the petitioner is entitled to the same treatment.

6. Motor Vehicle Rules 1969 has been perused. It appears that plying of vehicle / from separate Bay for B and C Class transporters is expressly prohibited through Rule 261 which clearly provides that .General Bus Stand should be opened to all transport vehicles and the transport vehicle, the driver or person Incharge of which offers to pay the proper fees cannot be refused admittance to a stand of Class A, B or C unless the sanctioned accommodation at the stand is already fully occupied. However the only exception is that where the owner of any vehicle has been granted a licence for a stand of Class D, or has been I given permission to make use of a stand of Class D, his vehicle shall have no right of admission to any general stand situated within Live miles of that stand. The above rule is clear and it amply shows that no Bay could be allowed to any transporter. If transporter intend to have a' separate bay the only option allowed to him is that he should get licence for stand of Class-D and under the rules operate the same to his own satisfaction.

7. In view of the above rule separate Bay allotted to the transporters shall stand cancelled. The authorities shall provide equal opportunity for plying the buses on first come first go basis irrespective of the number of vehicles being plied by the f transporters. The only exception under the rule is that a separate bay can be allotted for the type of vehicle such as Toyota Hiace Coaster and buses for each destination and there should be one exit for each destination. Whosoever enters the bus stand gets his number allotted under rule which is admittedly the position prevailing at this time and he shall be allowed to transport the passengers on his turn. Similarly, A.C. buses and other buses like coasters and Hiace Wagons shall have separate Bay. However, no Bay shall exclusively be allotted to any transporter. The respondents shall make sure the strict compliance of Motor Vehicle Rules, 1969. With the above direction these petitions stand disposed of. A.R.K./M-29/L Disposed of.