P L D 2000 PESHAWAR 14

Haji ZAFAR ALI KHAN, PROPRIETOR

V/S

GOVERNMENT OF N.W.F.P and 3 others

Per Sardar Muhammad Raza Khan, J.(a) Constitution of Pakistan(1973) Art. 18 & 199 So far as the denial of Constitutional right to business and profession is concerned, we are afraid, in the instant case, it is not at all attracted because by shifting the Stand, no financial loss is likely to accrue to the petitioners. This might have been possible, had only one transporter been shifted to a place away from the reach of passengers. In situation before us, all the Bus Stands have been shifted which neither causes any loss of business nor amounts to any discrimination. The argument is not well-founded.[p.17]A While parting, we may remark that the shifting of bus stand, if bona fide and if to control the traffic etc., is even not violative of Rule 253 of West Pakistan Motor Vehicles Rules, 1969.[p. 19] F (b) Constitution of Pakistan(1973) Art. 18 & 199 The very tenor and the language of section indicates that no stand can be established or maintained within certain specified limits without the permission of the authority. When such establishment or maintenance is subject to control exercised by the authority, it becomes altogether meaningless whether such Stand is established on one’s personal property or the rented property. We are convinced that personal property with reference to the establishment of Bus Stand has no significance and a Stand cannot be established beyond the provisions of section 3 above.[p. 18]B (c) Constitution of Pakistan(1973) Art. 199 Learned counsel further alleged that Haji Zar Ali Khan was given special exemption for the establishment of carriage stand in his property by the Commissioner, Peshawar Division, Peshawar vide order No.2662/RATA dated Peshawar the 10th of August, 1989 (Annexure III, page 33), and that such exemption could not be withdrawn.[p. 18]C The benefit of exemption under section 10 cannot be derived by the petitioner of petitioners because the very exemption presupposes the idea of a restriction. Unless there is some restriction of a general nature, no question of exemption arises. Moreever, the restriction stand as well as the power to grant exemption brings the phenomenon of carriage stand to the status of a licence which may or may not be granted by the Authority. Any exemption towards the grant of licence can, therefore, be withdrawn at any time because even the licence, as such, can be withdraw by the authority at ay time. The exemption claimed cannot, therefore be benefited from.[p. 18]D (d) Constitution of Pakistan(1973) Art. 188, 119, 199 Income of Welfare Trust–Utilization or control–Constitutional petition –Government despite asserting that property in dispute had never been transferred to police Welfare Trust, had admitted that income of said property was received by police Welfare Trust–Such act of Government was utterly mala fide, unlawful and without jurisdiction being in total violation of Arts. 118 & 119 of constitution of Pakistan(1973) Art. which had provided that all revenues by provincial Government would go to provincial consolidated Fund, custody and disposal whereof would be regulated by act of provincial Assembly. [p 19]E