PLD 2021

P L D 2021 Lahore 108 (PLP)

The BANK OF KHYBER through Authorized Attorneys — Petitioner Versus MUNICIPAL CORPORATION GUJRAT through Mayor Nasir Mehmood and 2 others — Respondents

Jurisdiction / Court
High Court
Decided Date
N/A
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation P L D 2021 Lahore 108 (PLP)
Forum / Court High Court
Bench Members N/A
Parties The BANK OF KHYBER through Authorized Attorneys — Petitioner Versus MUNICIPAL CORPORATION GUJRAT through Mayor Nasir Mehmood and 2 others — Respondents
Primary Law (b) Cantonments Act (II of 1924), (a) Punjab Local Government Act (XIII of 2019), (c) Companies Act (XIX of 2017)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 2021 Lahore 108 (PLP)?

This judgment primarily cites: (b) Cantonments Act (II of 1924), (a) Punjab Local Government Act (XIII of 2019), (c) Companies Act (XIX of 2017) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 2021 Lahore 108 (PLP)?

The case was heard and decided by the High Court bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 2021 Lahore 108 (PLP) (The BANK OF KHYBER through Authorized Attorneys — Petitioner Versus MUNICIPAL CORPORATION GUJRAT through Mayor Nasir Mehmood and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(b) Cantonments Act (II of 1924) (a) Punjab Local Government Act (XIII of 2019) (c) Companies Act (XIX of 2017)

Representation

  • Advocates for Petitioners
  • Advocates for Respondents
  • Waqar Saeed Khan, Assistant Advocate General, Punjab.
  • Mubeen Uddin Qazi, Advocate for private Respondent No.5 (in W.P. No.222831 of 2018).
  • Muhammad Khalid Chaudhary, Advocate for private Respondent No.9 (in W.P. No. 203795 of 2018).

Headnotes / Summary

S. 156

Punjab Local Government Act (XVIII of 2013), Ss. 115 & 87

Companies Act (XIX of 2017) S.22

Local Government Taxes, Fees, Rates and Tolls

Authority of a local government to levy taxes etc.

Statutory requirement of publication of name by a company by way of conspicuous display outside every place of business of such company

Levy of local government taxes/fee(s) on such display/ signage

Scope

Question before High Court was whether Provincial Local Government could levy fee on petitioner Banking Companies for display of signboards at their places of business, when such display was made in compliance of requirement of S.22 of Companies Act, 2017 read with applicable State Bank of Pakistan Circulars

Held, that petitioner Banks and other corporate entities were required under Federal Law to affix their signboards on their premises, regardless of whether such premises were in their ownership or rented, and thus they should be exempt from any fee to such extent, as Provincial Law could not override provisions of Federal Law

High Court held that any fee that was charged by Provincial Local Government under S.156 of Punjab Local Government Act, 2019 would be cognizant of provisions of Federal Statutes requiring Banks and corporate entities to install signboards outside their premises as per the Companies Act, 2017 and State Bank of Pakistan Circulars

Constitutional petitions were allowed, accordingly.

Ss. 200 & 282

Cantonment Board, powers of

Power of Cantonment Board to make bye-laws

Levy of advertisement fee by Cantonment Board in respect of display/signage outside business premises

Scope

Petitioners impugned bye-laws issued by Cantonment Board regarding pasting of billboards and advertisements and levy of advertisement fee on petitioners' display outside their premises, on ground that under Cantonments Act, 1924, no such power was available to Cantonment Board

Validity

Power to make byelaws under S.282 of Cantonments Act, 1924 was subject to provisions of said Act, and such power was dependent upon statutory power given to Cantonment Board

Section 200 of Cantonments Act, 1924 authorized Cantonment Board to levy fee in a limited manner, and Cantonment Board could not enlarge scope of said section to include fee on advertisements

Cantonment Board therefore had no authority to levy fee in relation to boards installed by petitioners at their offices/premises

Constitutional petition was allowed, accordingly.

S.22

Statutory requirement of publication of name by a company by way of conspicuous display outside every place of business of a company/corporate entity

Levy of Local Government, Housing Authorities, Parks and Horticulture Authority, National Highway Authority charges/fee(s) on such display/signage

Scope

Banks and corporate entities were entitled to install signboard/signage in compliance with Companies Act, 2017 and State Bank of Pakistan Policy without charge of fee subject to any rules or regulations on size and shape; provided same did not contain any advertisement material.

Judgment & Decree

AYESHA A. MALIK, J.

This common judgment decides upon the issues raised in the instant Petition along with connected Petitions, as detailed in Schedule "A" appended with the judgment, as all Petitions question the levy of advertisement fee by the Respondents.

2. The Petitioners before the Court are primarily banking companies who have challenged the levy of advertisement fee as imposed by the various different Respondent authorities. The Petitioners have been asked to pay advertisement fee for the signboards affixed at their branches. In some cases the fee is being charged for neon signs, stickers and other forms of signage, on the windows of the branch, ATM cabins and elsewhere. Also before the Court are different companies such as Bata Pakistan Limited, Punjab Beverages, Agha Khan Hospital, TCS, Singer Pakistan, Coca Cola Beverages and Raiz Bottlers who have also been levied advertisement fee for the affixation of signboard at their office premises, shops and hospitals along with neon signs and other materials, similar to the Banks. One set of Petitioners before this Court are contractors who specialize in the business of outdoor advertisement and install bill boards and sky signs in various different cities of Punjab. They have been charged advertisement fee for outdoor billboards and sky boards and other forms of advertisement. Most of the Petitioners have also impugned the demand notices issued by the Respondents for payment of advertisement fee. The Respondent authorities before the Court are: (i) Local Government(s); (ii) Cantonment Boards; (iii) Parks and Horticulture Authority ("PHA"); (iv) Defence Housing Authority ("DHA") and (v) National Highway Authority ("NHA").

3. So far as the Petitioners are concerned, the common argument in all cases is that they are banking companies or corporate entities who display their corporate information through signboards in compliance with section 22 of the Companies Act, 2017 ("Companies Act") which requires the display of the name of the company in a conspicuous position outside the registered office and every office or place of business as well as the branch under the Licensing Policy of the State Bank of Pakistan in terms of the BPRD Circular 15 of 2007 dated 12.10.2007 ("SBP Policy") which requires the same for the Banks. These requirements are federal in nature and are mandatory, meaning thereby that the Petitioners are obligated to place signboards at their place of business, hence cannot be charged a fee for compliance with the federal law. Learned counsel for the Petitioners argued that since the matter of placing signboards or affixing the company name falls within the domain of the federation, therefore provincial authorities cannot compel the Petitioners to remove their boards nor can they levy a fee on the same. Reliance has been placed on Bank Alfalah Limited v. Messrs Callmate Telips Telecom Ltd. and 5 others (2016 CLD 1202) to urge the point that State Bank of Pakistan Guidelines and Circulars are binding. Learned counsel for the Petitioners also argued that the levy of advertisement fee by its very definition is illegal because there is no advertisement involved in so far as display of signboards is concerned and further that there is no quid pro quo, hence the levy of advertisement fee is illegal. In the context of the different authorities before the Court, the case of the Petitioners is that they are not authorized under their respective law to levy advertisement fee. The Petitioners have placed reliance on Soneri Bank Limited v. Province of Punjab and others (PLJ 2020 Lahore 239) ("Soneri Bank Case") where the same matter was raised and decided.

4. The issue before the Court is with respect to the levy of fee/ charges for the affixation of signboards displaying the name of the Petitioner Banks or companies and in some cases with respect to promotional or advertisement material pasted on the windows of the relevant branch or corporate office. So far as the Petitioners who are contractors engaged in the business of contracting for outdoor display, the issue raised by them is whether the relevant Respondent authority can levy advertisement fee for the purposes of billboards, sky boards and other forms of display used by such contractors. The case of each of the Respondent authority is taken up separately with specific reference to their relevant law. Local Governments

5. Report and parawise comments have been filed by the respective Municipal Corporations. Some of the Petitions are with reference to the Punjab Local Government Act, 2013 ("2013 Act") while others are with reference to the Punjab Local Government Act, 2019 ("Local Government Act"). The Respondents before the Court represent various different Municipal Corporations in whose vicinity the signboard has been affixed. The case of the Respondents is that in terms of the powers under section 115 of the 2013 Act and section 156 of the Local Government Act, they are entitled to levy taxes and fees. They argue that it is part of the authorized functions of the Municipal Corporations to regulate the affixation of signboards and advertisement boards except where it falls within the jurisdiction of the PHA. Reliance is placed on section 87(2)(i) and (g) of the 2013 Act. In this regard the Respondents have also relied upon letter dated 3.7.2020 issued by the Local Government and Community Development Department, Government of Punjab, Lahore wherein it is stated that the Local Government can regulate signboards and street advertisement, however the respective PHAs continue to perform this function in areas which do not fall within their domain. While relying upon the Soneri Bank Case, the letter of 3.7.2020 requires the Director General, PHA to settle the question of advertisement fee in any area where there is an issue with respect to who can levy the fee, PHA or the Local Government. Learned counsel argued that this letter shows that the Respondent Municipal Corporations can levy advertisement fee.

6. In terms of section 156 of the Local Government Act, fee or tax can be levied through a notification published in the official gazette, meaning thereby that the Local Government can levy fees, rates, tolls and rents provided the same has been approved and is notified in the official gazette. Similar was the position under the 2013 Act where section 115 also required that the fee be notified in the official gazette. In the cases before the Court, it is admitted by the Respondent Local Government that no notification has been issued to date by any of the Municipal Corporations. In the absence of a notification as per the requirement of section 156 of the Local Government Act and section 115 of the 2013 Act, the Local Government cannot levy or charge any fee for the purposes of signboards or advertisement fee from the Petitioners. In this regard, it is noted that this issue has already been decided in the Soneri Bank Case that the Local Governments can only charge fee for the affixation of signboards or advertisement fee provided it is duly notified. However there has been no progress in the matter as no notifications have been issued. I am informed by the learned Law Officer that some effort is being made to regulate this issue, however he could not explain as to whether there will be one single notification for all Municipal Corporations or whether separate rates will be issued. Furthermore there is nothing on the record which justifies non-issuance of notifications given the substantive requirement of the law. It is further noted that so far as the Banks and corporate entities are concerned, they are required under federal law to affix their signboard on their premises, be it in their ownership or rented premises, hence they should be exempt from any fee to this extent as the provincial law cannot override the provisions of a federal law. In this regard, the PHA has exempt banks and corporate entities from any fee on signboards provided they comply with the requirements of size and shape. Therefore any fee that is charged by the Local Government pursuant to section 156 of the Local Government Act will be cognizant of the provisions of the federate statute regarding banks and corporate entities to install their signboards outside their premises as per the Companies Act and the SBP Policy. Hence these Petitions against the Local Government are allowed as the Local Government has not issued any notification for levy of advertisement fee. Cantonment Boards

7. Report and parawise comments have been filed by the Respondent Cantonment Board. The stated Respondent essentially rely on section 282 of the Cantonments Act, 1924 ("Cantonment Act") which gives the power to make byelaws. Pursuant to this section byelaws have been issued regarding the pasting of billboards and advertisements with respect to size, shape or style of name-boards, sign boards and signposts, hence they argue that fee can be levied. The Petitioners' contention is that there is no power under the Cantonment Act on the basis of which the Respondents seek to levy advertisement fee. They have placed reliance on the judgment dated 20.5.2015 passed by the august Supreme Court of Pakistan titled Hyderabad Cantonment Board v. Raj Kumar and others 2015 SCMR 1385 wherein the matter in issue has been decided, consequent to which it is argued that the Respondent Cantonment Board is not authorized under the Cantonment Act to levy advertisement fee. They have also relied upon the Soneri Bank Case wherein it is specifically held that with reference to section 200 of the Cantonment Act, the Cantonment Board has no authority to levy any fee which is not contemplated by the said provision.

8. Section 282(3) of the Cantonment Act is reproduced here-under:

282. Power to make bye-laws.

Subject to the provisions of this Act and of the rules made thereunder, a [Board] may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters in the cantonment, namely:-- (3) the regulation of the collection and recovery of taxes, tolls and fees under this Act and the refund of taxes; At the very outset, it is noted that this power is essentially the power to make byelaws which is subject to the provisions of the Act. Hence the power to make rules is dependent on specific power given to the Board under the Cantonment Act. The section which authorizes the Cantonment Board to levy any fee is section 200 of the Cantonment Act which reads as follows:

200. Levy of stallages, rents and fees. A [Board] may (a) charge for the occupation or use of any stall, shop, standing, shed or pen in a public market, or public slaughter-house, or for the right to expose goods for sale in a public market, or for weighing or measuring goods sold therein, or for the right to slaughter animals in any public slaughter-house, such stallages, rents and fees as it thinks fit; or (b) with the sanction of the [Competent Authority], farm the stallages, rents and fees leviable as aforesaid or any portion thereof for any period not exceeding one year at a time; or (c) put up to public auction, or with the sanction of the [Competent Authority], dispose of by private sale, the privilege of occupying or using any stall, shop, standing, shed or pen in a public market or public slaughter-house for such term ad on such conditions as it thinks fit. Section 200 of the Cantonment Act was interpreted by the august Supreme Court of Pakistan in the judgment dated 20.5.2015 passed by the august Supreme Court of Pakistan in 2015 SCMR 1385 (supra) concluded that the a bare perusal of section 200 of the Cantonment Act is limited for levying of stallages rent and fee for providing stall, shop, standing shed, pen and for other defined commercial activities on the vendors dealing in goods and for the slaughter of animals in public market or public slaughter houses respectively and that too subject to sanction by the competent authority. In the case before the august Supreme Court of Pakistan the issue was of parking fee and the Court concluded that parking fee is not envisioned under the referred provision. Therefore the Cantonment Board has no authority to enlarge the scope of the charging section and include the subject of parking fee for the purposes of levying fee. The same section was interpreted by this Court in the Soneri Bank Case wherein it was held that the Cantonment Board has no authority to levy fee in relation to the boards installed by the petitioners at their offices/branches. The Respondents rely upon the order of this Court dated 14.3.2018 passed by a learned Division Bench of this Court in I.C.A. No.62/2015 titled Allied Bank Limited v. Province of Punjab etc. wherein the Court remanded the matter with the consent of the parties to the Board for due consideration. In the order dated 7.10.2015 passed by the august Supreme Court of Pakistan in Civil Appeal No.796/2015 titled Habib Bank Limited Islamabad v. Federation of Pakistan through Secretary Ministry of Defence, Islamabad etc. the Court referred the matter to the learned Division Bench of Lahore High Court, Rawalpindi Bench for the purposes of deciding the same along with other matters pending there. The cases were decided by the Division Bench in I.C.A. No.62/2015 wherein the Court on the basis of a consent order decided that they would not charge any advertisement fee on the board affixed on a branch and further that if the respondents intend to charge advertisement fee from the banks for reasons that its board contains advertisement material in violation of the specified shape, it can do so after passing an assessment order in writing. This case did not consider the authority of the Cantonment Board to levy advertisement fee and was decided on the basis of the statement made in the Habib Bank Case (supra) before the august Supreme Court of Pakistan. The Respondents also rely on order dated 16.3.2018 passed by this Court in I.C.A. No.50/2015 titled Messrs Haidri Beverages (Pvt.) Ltd. v. City District Government, Rawalpindi through D.C.O. etc. and order dated 10.11.2020 passed by this Court in I.C.A. No.217/2016 titled Lahore Cantonment Board v. Allied Bank Limited etc. along with several other cases decided on the same terms. However, in this regard, it is noted that these orders are of no help to the Respondent Cantonment Board as the matter in issue essentially is with respect to the authority of the Cantonment Board to levy advertisement fee which matter has been decided by the august Supreme Court of Pakistan. Therefore the Cantonment Board has no authority to levy fee in relation to the boards installed by the Petitioners at their offices/branches and reliance on section 282 of the Cantonment Act is misconceived.

9. Under the circumstances, all the Petitions challenging the levy of advertisement fee by the Cantonment Board are allowed. Parks and Horticulture Authority

10. There are 33 Petitions against the PHA filed by different banks with reference to signboards, glass flex, neon signs, window advertisement, LED etc. as well as corporate entities such as Punjab Beverages Company Private Limited, Borjan (Private) Limited, Sign-O-Plus Namoos Advertisement Company, Coca Cola Beverages, Faisalabad Outdoor Advertising Association for payment of advertisement fee against display of their signboards as well as for advertisement on billboards, signboards, sky signs and other forms of advertisement. Some Petitioners have challenged the registration for being beyond the scope of the PHA Act.

11. Report and parawise comments have been filed by the Respondent PHA. The Respondents argue that PHA has been created under section 3(2) of the Parks and Horticulture Authority Act, 2012 ("PHA Act") and it regulates the installation of billboards, sky signs and outdoor advertisements under section 4(c) of the PHA Act. Also argued that the Petitioners are bound to seek permission of PHA before installation of billboards, sky signs and to bring already existing boards in conformity with provisions of the PHA Act. Therefore the counsel argued the Petitioners are bound to fulfil the legal formalities and deposit the fee as approved by the Government under section 12(8) of the PHA Act.

12. PHA is established under section 3 of the PHA Act. The preamble of the PHA Act provides for the establishment of Parks and Horticulture Authority in the Punjab for the regulation, development and maintenance of public parks, green belts and green areas in the Punjab; regulation of billboards, sky signs and outdoor advertisements; to promote open and unrestricted views of the Punjab and to provide for the connected matters. Section 4 of the PHA Act provides for the powers and functions of the Authority to regulate the installation of billboards, sky signs, outdoor advertisements on private or public property. Section 12 of the PHA Act deals with installation of billboards, sky signs and outdoor advertisements and section 12(8) allows the PHA to levy charges and fees for installation of billboards, sky signs or outdoor advertisement as per the government approval. The prohibitions are contained in section 21 of the PHA Act whereby section 21(4) provides that the permission of the Authority is mandatory for any installation or exhibit of advertisement material on any property or contain advertisement material or fall under the category of outdoor advertisement. The definition of advertisement is provided in section 2(b) of the PHA Act, which means commercially displayed or installed signage, board, screen, streamer, poster, banner or any other thing placed, painted, pasted or installed on public or private property that is visible from a public place and is intended to inform the reader of the availability of a service, product or promoters of a business. Section 30 of the PHA Act also provides the power to make rules. In terms of the Parks and Horticulture Authority Outdoor Advertisement Regulations, 2017 ("Regulations"), the Respondents have exempted banks and other companies from displaying their signage in compliance with Companies Act and the SBP Policy, however with respect to other outdoor advertisement, they are liable to pay fee. Accordingly advertisement fee is only levied on any signboards installed by the banks which exceed the permissible measurement prescribed by the Regulations.

13. In view of the aforesaid to the extent of Banks and corporate entities who display their name as per the requirements of the Companies Act and the SBP Policy, in terms of the Regulations no fee should be charged. However if the display contains any advertisement or is contrary to the Regulations or is with reference to the outdoor advertisement, fee can be levied. So far as the contractors are concerned, since they are involved in the business of outdoor advertisement, they are liable to pay fee as per the PHA Act read with the Regulations. Consequently the Petitions of the Banks and corporate entites are disposed of to the extent of signboard which are in compliance with the Companies Act and the SBP Policy. However if they are involved in any advertisement, they are liable to pay as per the PHA Act and Regulations whereas the Petitions of the contractors are dismissed. National Highway Authority

14. There are three Petitions against the NHA being W.Ps. Nos.201485/18, 256585/18 filed by Banks and W.P. No.22283/18 filed by Lotte Akhtar Beverages (Private) Limited (formerly Riaz Bottlers Private Limited), which is engaged in the business of manufacturing of carbonated beverages under various different brand names that is Pepsi Cola, Rave, Seven Up, Miranda, Mountain Dew, Sting and purified water under the brand name Aquafina. So far as the Banks are concerned, they have impugned the demand raised by the Respondent NHA for payment of advertisement fee against display of their signboards whereas the Petitioner Lotte Akhtar Beverages (Private) Limited has impugned the demand raised for rental charges against the advertisement displayed by the Petitioner.

15. In terms of the report and parawise comments filed and the arguments made, NHA is empowered to levy advertisement fee under the National Highway Authority Act, 1991 ("NHA Act"). Learned counsel for the Respondent NHA has relied upon section 10 of the NHA Act along with National Highways and Strategic Roads Control Rules, 1998 ("1998 Rules") which basically prescribes the procedure on the basis of which the Respondents can levy advertisement fee. Learned counsel stated that NHA has awarded concession for advertisement and promotional displays on Sahiwal to Lahore section for a period of two years with respect to advertisement and promotional displays, hence the Petitioners are bound to pay the same. Section 10(2)(vi) of the NHA Act empowers the authority to enter into contracts and thereby levy license fee on the terms of the contract. Learned counsel stated that the Petitioners are therefore liable to pay advertisement fee in terms of the NHA Act as well as 1998 Rules.

16. NHA is established under section 3 of the NHA Act. The preamble of the NHA Act provides its mandate to establish a National Highway Authority for planning, development, operation and maintenance of National Highways and strategic roads and to provide for matters connected therewith or incidental thereto. Section 10 of the NHA Act provides for the powers and duties of the Authority, in terms of which the Authority may take such measures and exercise such powers as it considers necessary or expedient for carrying out the purposes of the Act. Section 10(2)(vii) of the NHA Act provides for the levy, collect or cause to be collected tolls on national highways, strategic roads and such other roads as may be entrusted to it and bridges thereon. This means that NHA can levy and collect tolls on the national highways and strategic roads. Section 10(2)(viii) is with reference to license facilities on roads under its control and such terms as it deems fit. NHA has also relied upon the 1998 Rules and Regulations which are pursuant to sections 31 and 32 of the NHA Act. On the basis of the provisions of the NHA Act, it appears that the NHA is authorized to levy and collect toll on the national highways as well as strategic, bridges, roads and such other rates which are entrusted to it. Therefore there is no specific power to levy advertisement fee or charges of any kind with respect to the signage or advertisement or promotional material. Section 10(2)(viii) of the NHA Act gives the Respondent NHA the authority to enter into a license agreement with respect to roads under its control on the terms it deems fit. These license agreements can contain terms for advertisement and promotional material, for which the Respondents have relied upon concession agreements entered in terms thereof. However there is no concession agreement placed on the file with respect to Soneri Bank Limited and Bank of Punjab or Lotte Akhtar Beverages (Private) Limited. In this regard, it is clarified that the Respondents cannot charge advertisement fee for any signage that has been affixed on the business premises of the Banks in terms of their requirement under the Companies Act and the SBP Policy. Although it is argued that it is with reference to ATM cabins and other material, there is nothing on the file which shows any concession agreement or license agreement to charge advertisement fee. So far as Petitioner in W.P. No.22283/2018 is concerned, nothing has been appended with the Petition or the reply to show that there was any license agreement between the parties for the purposes of displaying promotional material.

17. In view of the aforesaid, these Petitions are disposed of as there is no information provided by the Petitioners with reference to what they are being charged for and whether there is any license agreement between the Petitioners and the NHA. The NHA cannot levy advertisement fee except if it has entered into a license agreement with respect to advertisement and promotional material, hence it should consider the same before issuance of any demand. Defence Housing Authority

18. There are four Petitions against the DHA being W.Ps. Nos.12680/16, 173617/18, 77072/19, 73006/19 filed by the Banks wherein they have impugned notices issued by Respondent DHA for installation of vinyl/sticking papers by the Petitioners.

19. In terms of the report and parawise comments filed and the arguments made, DHA is authorized to levy all sorts of charges in terms of section 7(2)(e) read with section 8 of the Defence Housing Authority Lahore Order, 2002 ("DHA Order") read with DHA Municipal Rules, 2013 ("DHA Rules") which provides under rule 35 that the authority can regulate signboards and advertisements and no person shall display any signage except with the permission of the authority. The Respondents have also relied upon DHA License Regulations, 2013 ("DHA Regulations") and the Signage Byelaws. Learned counsel argued that the levy of advertisement fee is pursuant to the aforementioned provisions and it is carried out in terms of the DHA Rules and DHA Regulations. So far as the signage boards are concerned, the Petitioners are required to be complied with the DHA Rules, DHA Regulations as well as Signage Byelaws.

20. DHA is established under section 3 of the DHA Order. Section 7 of the DHA Order provides for the powers, duties and functions of Executive Board and in terms of section 7(e) the Board can impose, recover, alter, vary or enhance development charges, installments, cost of apartments, housing units of scheme, commercial projects and transfer fees and other charges in respect of any property, plot or project within the area of the Authority. Section 8 provides for the powers of the Executive Board to raise funds in terms of which they can levy charges as per the rules. The rule making power is under section 22 of the DHA Order and the power to make regulations is under section

23. Rule 35 of the DHA Rules provides that signboards and advertisements are allowed based on the permission given by the authority and under the DHA Regulations Signage Byelaws have been made which provides for the requirements with respect to signboards and other promotional and advertisement material. Therefore in terms of the DHA Order read with DHA Rules read with the Signage Byelaws, DHA can impose charges with respect to advertisement and promotional material, billboards, signboards and specifically with respect to companies signboards installed on the front side of the shop or the office. As per the Signage Byelaws, all office signboards are to be installed as per the specifications given in the Byelaws. Under the circumstances, DHA is competent to levy charges for signboards and other advertisement and promotional material as per DHA Rules and Signage Byelaws.

21. The only issue is whether the DHA can levy charges for placing signboards on the office premises of the Petitioners who are Banks and corporate entities in compliance with the Companies Act and the SBP Policy. In this regard, PHA had stated before the Court that to the extent of one signboard, they have exempt payment of advertisement fee provided that the signboard is in compliance with the requirements of the PHA Regulations, no such statement has been made by the DHA. In this regard, the DHA should also consider the same. Since there is no information before the Court with respect to the quantum of fee charged for signboards or whether there is any promotional material on the signboards, the DHA can look into the matter. In this regard, it is noted that the Petitioners have impugned demand notices which are with respect to pasting vinyl/sticking papers which is on the glass of the branches and is specifically for advertisement purposes. Hence the Petitioners are liable to pay the same as it falls within the domain of the DHA. Hence these Petitions against the DHA are dismissed.

22. In view of the aforesaid for the purposes of clarity it is declared that: (i) to the extent of the Respondent Local Government, they are authorized under section 156 of the Local Government Act to levy taxes and fees provided they are duly notified in the official gazette; (ii) the Respondent Cantonment Board does not have power to levy any kind of advertisement fee or charge fees for signboards; (iii) the Respondent NHA is not authorized to levy advertisement fee; (iv) the Respondent PHA is authorized to levy charges and for advertisement and signboards; (v) the DHA is competent to levy charges for advertisement and signboards; (vi) banks and corporate entities are entitled to install signboard/signage in compliance with the Companies Act and the SBP Policy without charge of fee subject to any rules or regulations on size, shape and provided it does not contain any advertisement material. Schedule-A Details of Writ Petitions mentioned in judgment Dated 17.11.2020 passed in W.P. No. 129536/2018 National Highway Authority cases Sr. No. W.P. No. Parties Name 1. 222831/2018 Riaz Bottlers (Pvt.) Ltd. v. Federation of Pakistan etc. 2. 201485/2018 Bank of Punjab v. Federation of Pakistan etc. 3. 256585/2018 Soneri Bank Limited v. Federation of Pakistan etc. Defence Housing Authority cases Sr. No. W.P. No. Parties Name 1. 77072/2019 United Bank Limited v. DHA etc. 2. 73006/2019 Meezan Bank Limited v. DHA etc. 3. 12680/2016 Bank Islami Pakistan Ltd. v. Chairman DHA etc. Parks and Horticulture Authority cases Sr. No. W.P. No. Parties Name 1. 39412/2016 Allied Bank Limited v. Federation of Pakistan etc. 2. 38785/2015 Bank Alfalah Ltd. v. Province of Punjab etc. 3. 34959/2017 Punjab Beverages Company (Pvt.) Ltd. v. Province of Punjab etc. 4. 40697/2019 National Bank of Pakistan v. Province of Punjab etc. 5. 150097/2017 Bank of Khyber v. PHA etc. 6. 3414/2016 Borjan (Pvt.) Ltd. v. PHA etc 7. 22546/2016 Muhammad Awais v. PHA etc. 8. 256584/2018 Soneri Bank Ltd. v. Province of Punjab etc. 9. 38784/2015 Bank Alfalah Limited v. Province of Punjab etc. 10. 32651/2014 Bank Alfalah Ltd. v. Province of Punjab etc. 11. 55532/2019 Bank Alfalah Ltd. v. Province of Punjab etc. 12. 13254/2019 Bank Alfalah Ltd. v. Province of Punjab etc. 13. 13662/2019 Soneri Bank Ltd. v. Province of Punjab etc. 14. 16063/2015 Bank Alfalah Ltd. v. Province of Punjab etc. 15. 40525/2015 Borjan (Pvt.) Ltd. v. PHA etc. 16. 130862/2018 Sign-O-Plus Namoos Advertising Co. v. Government of Punjab etc. 17. 20402/2019 Bank of Khyber v. PHA etc. 18. 19458/2015 Borjan (Pvt.) Ltd. v. Government of Punjab etc. 19. 9911/2013 Dubai Islamic Bank Pakistan Ltd. v. Government of Punjab etc. 20. 18441/2005 MCB Bank Ltd. v. PHA etc. 21. 15359/2011 Faysal Bank Ltd. v. PHA etc. 22. 12679/2016 Bank Islami Pakistan Ltd. v. DG PHA etc. 23. 18298/2015 Dubai Islami Bank Pakistan Ltd. v. Government of Punjab etc. 24. 34444/2014 Bank Alfalah Ltd. v. Province of Punjab etc. 25. 256586/2018 Soneri Bank Ltd. v. Province of Punjab etc. 26. 16411/2016 Muslim Commercial Bank Ltd. v. Province of Punjab etc. 27. 10819/2012 Coca Cola Beverages v. Government of Punjab etc. 28. 31719/2019 Faisalabad Outdoor Advertising Association v. Government of Punjab etc. 29. 12409/2019 Sign-O-Plus Namoos Advertising Agency v. Province of Punjab etc. 30. 28563/2020 NRSP Micro Finance Bank Limited v. Province of Punjab etc. Cantonment cases Sr. No. W.P. No. Parties Name 1. 12694/2016 Bank Islami Pakistan Ltd. v. DG Military Land and Cantonment etc 2. 202016/2018 Riaz Bottlers (Pvt.) Ltd. v. Federation of Pakistan etc. 3. 20178/2016 Meezan Bank Ltd. v. Cantonment Board etc. 4. 869/2013 Dubai Islami Bank Pakistan Ltd. v. Federation of Pakistan etc. 5. 26471/2014 United Bank Ltd. v. Executive Officer Cantonment Board etc. 6. 26146/2014 Bank Alfalah Ltd. v. Sialkot Cantonment Board etc. 7. 22989/2015 Riaz Bottlers (Pvt.) Ltd. v. Federation of Pakistan etc. 8. 17591/2013 Habib Bank Ltd. v. Federation of Pakistan etc. 9. 10497/2013 Dubai Islami Bank Pakistan Ltd. v. Federation of Pakistan etc. 10. 29022/2014 Bank Alfalah Ltd. v. Sargodha Cantonment Board etc. 11. 24842/2012 Habib Bank Ltd. v. Federation of Pakistan etc. 12. 32606/2013 Riaz Bottlers (Pvt.) Ltd. v. Federation of Pakistan etc. 13. 64811/2019 TCS (Pvt.) Ltd. v. Federation of Pakistan etc. 14. 573/2012 Habib Bank Ltd. v. Lahore Cantonment Board etc. 15. 949/2014 Dubai Islami Pakistan Ltd. v. Federation of Pakistan etc. 16. 24699/2015 Allied Bank Ltd. v. Federation of Pakistan etc. 17. 18087/2015 Bank Alfalah Ltd. v. Cantonment Board etc. 18. 193812/2018 Meezan Bank Ltd. v. Cantonment Board etc. 19. 5290/2019 Soneri Bank Ltd. v. Federation of Pakistan etc. 20. 208301/2018 Meezan Bank Ltd. v. Federation of Pakistan etc. 21. 216801/2018 United Bank Ltd. v. Federation of Pakistan etc. 22. 30140/2015 TCS (Pvt.) Ltd. v. Province of Punjab etc. 23. 170290/2018 Bank of Punjab v. Cantonment Board etc. 24. 5407/2016 Bank Alfalah Ltd. v. Walton Cantonment Board etc. 25. 25549/2014 Bank Alfalah Ltd. v. Lahore Cantonment Board etc. 26. 681/2014 Allied Bank Ltd. v. Federation of Pakistan etc. 27. 32600/2013 Allied Bank Ltd. v. Federation of Pakistan etc. 28. 3039/2015 Bank Alfalah Ltd. v. Walton Cantonment Board etc. 29. 43748/2017 Bank Alfalah Ltd. v. Federation of Pakistan etc. 30. 256582/2018 Soneri Bank Ltd. v. Cantonment Board etc. 31. 2826/2016 Bank Alfalah Ltd. v. Cantonment Board etc. 32. 6030/2014 Allied Bank Ltd. v. Federation of Pakistan etc. 33. 24903/2017 Al Baraka Bank etc. v. Federation of Pakistan etc. 34. 385/2014 Dubai Islamic Bank v. Federation of Pakistan etc. Local Government cases Sr. No. W.P. No. Parties Name 1. 203795/2018 Singer Pakistan Ltd. v. Province of Punjab etc. 2. 77070/2019 United Bank Ltd. v. Government of Punjab etc. 3. 214141/2018 Rai Asif Raza v. District Council Faisalabad etc. 4. 6703/2015 Dubai Islami Bank Pakistan Ltd v. Government of Punjab etc. 5. 9697/2015 Borjan (Pvt..) Ltd. v. Government of Punjab etc. 6. 8160/2020 TCS (Pvt.) Ltd. v. Government of Punjab etc. 7. 7554/2020 Bata Pakistan Ltd. v. Government of Punjab etc. 8. 17789/2017 Al-Baraka Bank Pakistan Ltd. v. Province of Punjab etc. 9. 27090/2016 Meezan Bank Ltd. v. Government of Punjab etc. 10. 193795/2018 Meezan Bank Ltd. v. Government of Punjab etc. 11. 22093/2019 Bank Alfalah Ltd. v. Province of Punjab etc. 12. 22352/2019 NRSP Micro Finance Bank Ltd. v. District Council Gujrat etc. 13. 61166/2019 NRSP Micro Finance Bank Ltd. v. District Council Okara etc. 14. 708/2019 NRSP Micro Finance Bank Ltd. v. District Council Gujrat etc. 15. 213537/2018 Bank Alfalah Ltd. v. Province of Punjab etc. 16. 211083/2018 Bank of Punjab v. Government of Punjab etc. 17. 59968/2017 Bank Alfalah Ltd. v. Province of Punjab etc. 18. 3621/2017 Khushhali Micro Finance Bank Ltd. v. Government of Punjab etc. 19. 64809/2019 TCS (Pvt.) Ltd. v. Government of Punjab etc. 20. 116994/2017 Bank Alfalah Ltd. v. Province of Punjab etc. 21. 84998/2017 Bank Alfalah Ltd. v. Province of Punjab etc. 22. 63562/2017 Bank Alfalah Ltd. v. Province of Punjab etc. 23. 8951/2017 Meezan Bank Ltd. v. Government of Punjab etc. 24. 204766/2018 Bank Alfalah Ltd. v. Province of Punjab etc. 25. 196612/2018 Meezan Bank Ltd. v. Government of Punjab etc. 26. 9962/2019 Soneri Bank Ltd. v. Province of Punjab etc. 27. 204913/2018 Bank Al-Habib Ltd. v. Government of Punjab etc. 28. 134957/2018 Bank of Khyber v. Municipal Committee etc. 29. 178171/2018 Bank Alfalah Ltd. v. Province of Punjab etc. 30. 12448/2003 MCB Ltd. v. Municipal Administrator etc. 31. 32111/2014 Punjab Beverages Company (Pvt.) Ltd. v. Province of Punjab etc. 32. 5298/2016 Borjan (Pvt.) Ltd. v. Government of Punjab etc. 33. 251966/2018 NRSP Micro Finance Bank Ltd. v. Province of Punjab etc. 34. 254334/2018 NRSP Micro Finance Bank Ltd. v. Province of Punjab etc. 35. 256583/2018 Soneri Bank Ltd. v. Province of Punjab etc. 36. 3367/2017 Meezan Bank Ltd. v. Government of Punjab etc. 37. 22193/2015 Dubai Islami Bank Pakistan Ltd v. Government of Punjab etc. 38. 47073/2019 Bank Alfalah v. Province of Punjab etc. 39. 57258/2019 Bank Alfalah Ltd. v. Province of Punjab etc. 40. 13140/2020 NRSP Micro Finance Bank Ltd. v. Government of Punjab etc. 41. 23655/2020 NRSP Micro Finance Bank Ltd. v. Government of Punjab etc. 42. 47738/2020 Telenor Microfinance Bank Ltd. v. Government of Punjab etc. 43. 47728/2020 Telenor Microfinance Bank Ltd. v. Government of Punjab etc. 44. 172308/2018 Bank of Punjab v. Government of Punjab etc. 45. 172311/2018 Bank of Punjab v. Government of Punjab etc. 46. 134959/2018 Bank of Khyber v. Municipal Committee Okara etc. 47. 201482/2018 Bank of Punjab v. Government of Punjab etc. 48. 25383/2014 Dubai Islami Bank Pakistan Ltd. v. Government of Punjab etc. 49. 12378/2016 Meezan Bank Ltd. v. Government of Punjab etc. 50. 43753/2017 Bank Alfalah Ltd. v. Province of Punjab etc. 51. 193513/2018 Bank Alfalah Ltd. v. Province of Punjab etc. 52. 134961/2018 Bank of Khyber v. Municipal Corporation Sialkot etc. 53. 162379/2018 Bank Alfalah Ltd. v. Province of Punjab etc. 54. 3053/2017 Bank Alfalah Limited v. Province of Punjab etc. 55. 18826/2013 Dubai Islamic Bank Pakistan Ltd. v. Government of Punjab etc. 56. 870/2013 Dubai Islamic Bank Pakistan Ltd. v. Government of Punjab etc. 57. 10505/2013 Dubai Islamic Bank Pakistan Ltd. v. Government of Punjab etc. 58. 116059/2017 Bank Alfalah Ltd. v. Province of Punjab etc. 59. 67327/2017 Agha Khan Hospital and Medical College Foundation v. Government of Punjab etc. 60. 31724/2019 Punjab Beverages Company (Pvt.) Ltd. v. Province of Punjab etc. 61. 28545/2020 NRSP Micro Finance Bank Limited v. Province of Punjab etc. 62. 17222/2020 TCS Private Limited v. Government of Punjab etc. 63. 29133/2016 Allied Bank Limited v. Federation of Pakistan etc. KMZ/B-1/L Order accordingly.