KARACHI: The Sindh High Court on Wednesday sought comments on a petition filed against collection of parking fees within the jurisdictions of two cantonment boards in the metropolis.

A petitioner moved the SHC against charging of parking fees by private persons on behalf of the Cantonment Board Clifton (CBC) and the Cantonment Board Karachi (CBK) and stated that it was being done in violation of the Cantonments Act, 1924.

Petitioner’s counsel Khaild Javed also impugned a public notice, issued by the CBC on May 5, seeking bids for collection of parking fees.

A two-judge SHC bench, headed by Chief Justice Aqeel Ahmed Abbasi, ruled that the award of tender for fee collection to any private person pursuant to the advertisement of the CBC would be subject to further orders of the SHC.

Individuals have been collecting charged parking fee without any lawful authority, SHC told

Citing the defence secretary, CBC and CBK as respondents, the petitioner’s counsel submitted that his client was a resident of Model Colony and frequently visiting both the cantonment areas for various reasons.

The counsel stated that the board may impose a tax, fee, toll or any other charge as provided under Section 60 subject to the provision of Section 61 of the Cantonments Act, which provided that the board proposed imposition of such taxes through a resolution.

He contended that the board must issue a public notice in the manner as prescribed in Section 255 specifying the tax which it proposed to impose.

He claimed that such an exercise had not been undertaken while imposing and collecting charged parking fees.

The counsel argued that without prejudice to this legal defect, such fees cannot otherwise be collected through private persons in the light of three previous judgements of the Supreme Court in 2006, 2015 and 2017.

He maintained that at present private persons were charging parking fees without any lawful authority in the absence of any notification or by-laws.

The lawyer submitted that the CBC had recently issued an advertisement in a newspaper for the purpose of awarding a contract for collection of parking fees to private persons, which was illegal and contrary to law.

Deputy Attorney General Khaleeq Ahmed and a law officer of the two cantonment boards were present in the courtroom in connection with some other cases. They waived notices in the instant petition and sought copies of the same to file comments.

The lawyer for the petitioner undertook to provide copies during the course of the day.

While adjourning the hearing till May 23, the bench directed the respondents to file comments before the next hearing with an advance copy to the lawyer for petitioner.

“It has, however, observed that if any tender is awarded to any private person pursuant to the aforesaid advertisement, same will be subject to further orders by this court,” the bench in its order stated.

Published in Dawn, May 16th, 2024