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West Pakistan Motor Vehicles Ordinance (XIX of 1965)-

-- S. 45(1)-Rickshaws-Fixation of rates of rent-Discrimination Notification fixing one rate of fares for K and another for H. and S Divisions without stating reasons and without hearing representative of interests affected-Notification held, in violation of S. 45(1).

Khalid M. Ishague for Petitioners.

A. Sattar Shaikh, Addl. A.-G. for Respondents.

Dates of hearing : 30th October and 12th November, 1979._

ALI MUHAMMAD V. AKHUND, J.-By Notification No. S. O. (T-II) 5-56/77 (Part 1) dated 5th July, 1979, issued under subsection (1) of section 45 of the West Pakistan Motor Vehicles Ordinance, 1965, Transport Department Government of Sind, fixed maximum rates of fares for stage and contract carriages, among which, relevant for the purpose of this petition, are the fares

of Motor Cycle Rickshaws which are as follows :

Per Mile (1-61 k.m.) (i) 90 paisa (In Karachi Urban Area).

< [if supportLists]>(ii) Re. one (In Urban areas of Sukkur and Hyderabad Divisions).

The four petitioners who are rickshaw owners in the city of Karachi, have brought this petition to strike down the aforesaid Notification as illegal and inoperative on the grounds (i) whereas in rest of the province fare is fixed at Re. 1 per mile, in Karachi it fixed at 90 paisa per mile for which there is no justification, (ti) the fares were fixed without hearing the representatives of Karachi Rickshaw, Taxi, Minibus, Truck Federation which has membership of over 80 % of Rickshaw plyers in Karachi, (iii) fixation of fares of 90 paisa per mile for Karachi is arbitrary because the cost of living and cost of maintenance of Rickshaw in Karachi is higher than other places in the Province of Sind.

By order of this Court dated 30th October, 1979, the Notification is quashed, and, the reasons are :

Under section 45(1) (b) (iii) of the West Pakistan Motor Vehicle Ordinance, 1965, Government have to record reasons for fixing the fares, which the Government have failed to record. The Government have no stated the reasons for fixing one rate for rickshaws in Karachi, and another for Hyderabad and Sukkur Division. This Court is not therefore able t know what weighed with the Government to fix different fares for rickshaw in Karachi. Notification is, therefore, in violation of subsection (1) o section 45.

Before issuing the impugned notification, Government bad to hear the representatives of the interest affected, that is, in this case representative of Rickshaw plyers. In the petition, it .is averred that. Regional Transport Authority reached a settlement with one Karachi Taxi and Auto Rickshaw Association which does not even represent 10 % of the Rickshaw plyers o Karachi, ignoring petitioners who are members of Karachi Rickshaw, Taxi Minibus, Truck Federation which has membership of 80 % of Rickshaw plyers in Karachi. There is no counter-affidavit filed. These averment in the petition are not rebutted. It follows, therefore, that representatives of interest affected, namely, Rickshaw plyers, have not been heard in compliance with subsection (1) of section 45.

Petition is, therefore, allowed as prayed with no orders as to costs. But the impugned notification will continue to be effective till 30th November, 1979, as previously ordered, by which date Government may issue fresh notification fixing the fares of contract and stage carriages as required under subsection (1) of section 45 of the West Pakistan Motor Vehicles Ordinance, 1965.

M_Y M

Petition allowed.

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