IN
THE HIGH COURT OF SINDH, KARACHI
Before:-
Mr. Justice Riazat Ali Sahar,
Mr. Justice Ali Haider ‘Ada’.
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Constitutional
Petition No. D-1249 of 2017.
(Faisal Bengali and
others vs Province of Sindh and others).
Constitutional
Petition No. D-2394 of 2010.
(Muhammad Ramzan
Khan vs Government of Sindh and others).
Constitutional
Petition No. D-4934 of 2014.
(United Human
Rights Commission Pakistan vs Chief Secretary and others).
Constitutional
Petition No. D-6285 of 2018.
(Shah Nawaz Mallick
vs Government of Sindh and others).
Constitutional
Petition No. D-7275 of 2018.
(United Human
Rights Commission of Pakistan vs Federal Secretary and others).
Constitutional
Petition No. D-3123 of 2019.
(Taj Rasool Awan
and others vs Province of Sindh and others).
Constitutional
Petition No. D-925 of 2023.
(M/s All Dumper
Truck Transport Owner Association vs Province of Sindh and others).
===========================
13.10.2026.
Mr. Altamash Arab,
Advocate for Petitioner in C.P No. D-1249 of 2017.
Mr. Ayaz Ahmed
Ansari, Advocate for Petitioner in C.P No. D-2394 of 2010.
Mr. Nabi Bux
Leghari, Advocate for Petitioner in C.P No. D-925 of 2023.
Mr. Muzammil Ahmed, Advocate for CBC.
Mr. Khalid Mehmood Siddiqui, Advocate for
DHA.
Mr. Agha Zafar
Ahmed, Advocate for KPT.
Ms. Nazia Siddiqui,
Advocate for KDA.
Mr. Shah Hussain, Assistant Attorney General.
Mr. Abdul Jalil
Zubedi, Additional Advocate General along with DSP Ghulam Farooq Traffic
Clifton South on behalf of DIG Traffic Karachi.
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JUDGMENT
Ali
Haider ‘Ada’ J.- The main contentions
raised by the petitioners in C.P. No. D-1249 of 2017 are that the Secretary,
Transport Department, Government of Sindh, and the Secretary, Local Government
Department, Government of Sindh, be directed to take appropriate action to regulate
heavy traffic and ensure that loaded vehicles are rerouted through
non-residential areas, except vehicles providing essential services, such as
water tankers and public transport. They have further prayed that the
respondents invest in improving public transport in Karachi and ensure that
every vehicle in the Province of Sindh undergoes the prescribed testing.
2. The facts of C.P. No. D-2394 of 2010
pertain to the issue of defective buses plying on the roads of Karachi, in
respect of which the matter was converted into a constitutional petition.
3. C.P. No. D-4934 of 2014 arose from an
application filed by the petitioner concerning traffic disruption.
4. C.P. Nos. D-6285 and D-7275 of 2018
involve substantially similar facts and prayers, with certain modifications,
regarding the failure of the government functionaries to address and eliminate
traffic congestion in Karachi.
5. In C.P. No. D-3123 of 2019, the
petitioner challenged notices issued by the public functionaries, asserting
that, being a transport service provider, he was being subjected to harassment
by the transport authorities.
6. In C.P. No. D-925 of 2023, it was
contended that the respondents had failed to discharge their duties in
compliance with the orders of the Honourable Supreme Court and had permitted
heavy vehicles engaged in the supply of consumer goods to ply within the city.
7. In response to the orders passed by
this Court from time to time, the concerned authorities filed various comments
and compliance reports, whereupon several orders were passed to address the
issues in question.
8. Almost, the learned counsel appearing
today, advanced substantially similar submissions, emphasizing the need for
effective regulation of traffic and the formulation of a proper mechanism for
the implementation of traffic rules and policies. It is contended that, despite
repeated compliance exercises, the formulation of various policies and the
decisions of the Honourable Supreme Court, the prevailing traffic-related
issues remained unresolved, necessitating the development of an effective and
coordinated mechanism to ensure proper implementation.
9. On the other hand, the learned counsel
appearing for the respondents did not dispute the necessity of compliance with
the applicable laws. The learned Law Officers, however, submitted that,
although the relevant laws were in place, an effective mechanism for their
implementation had not been developed. In compliance with the order dated
06.08.2019, the learned Additional Advocate General filed a statement along
with the minutes of the meeting held on 05.07.2019, convened pursuant to the
directions contained in the order dated 19.06.2019 and chaired by the Chief
Secretary, Government of Sindh. A statement was also filed on behalf of the
Senior Member, Board of Revenue, Government of Sindh. Furthermore, comments
dated 15.06.2019 submitted by the intervener, Haji Zafar Ali Qureshi, in
response to the report of the Convener, Commissioner Karachi, were placed on
record. Subsequently, under cover of a statement dated 02.11.2024, the learned
Additional Advocate General, Sindh, filed comments on behalf of respondent No.
6, addressing the same issues.
10. Heard and perused.
11. The primary objective of traffic control
is to ensure safe, orderly and efficient movement of traffic through an
effective management system, particularly in metropolitan cities, major urban cities
and other areas requiring systematic traffic regulation. The petitions under
consideration highlight concerns regarding traffic mismanagement and the
occurrence of accidents and other incidents, allegedly attributable to
inadequate supervision, ineffective enforcement and the absence of an effective
traffic management mechanism, coupled with the imposition of unjustified fines
on commercial vehicles. It is, therefore, necessary to examine the relevant
statutory framework, identify the obligations imposed upon the concerned
authorities, and assess whether the existing legal provisions are being
implemented in their true letter and spirit.
12. In this context, the Provincial Motor Vehicles Ordinance, 1965, constitutes one of the
principal legislative instruments governing motor vehicles and traffic
regulation. It defines different categories of vehicles and provides a
statutory framework for the regulation of transport vehicles and the control of
traffic.
13. Section
2 of the said Ordinance defines various terms, including ambulance,
emergency vehicle, motorcab, motorcar, motorcycle, motor vehicle and public
service vehicle, along with other categories of vehicles. These classifications
provide the legal basis for determining the applicability of the relevant
regulatory requirements and obligations. For ready reference, the relevant
definitions are reproduced as under:
(1) “ambulance” means a vehicle designed for the carriage of sick,
wounded or invalid persons or animals;
(8-A) “emergency vehicle” means a motor vehicle used solely “ as a law enforcement vehicle”, fire- bridge or ambulance to
relive distress;
(20) “motor cab” means any motor vehicle constructed, adapted or used to
carry not more than ten passengers excluding the driver, for hire or reward;
(21) “motor car” means any motor vehicle other than a transport vehicle,
locomotive, road-roller, tractor, motor cycle or invalid carriage;
(22) “motor cycle” means a motor vehicle, other than an invalid
carriage, with less than four wheels, the unladen weight of which, inclusive of
any side-car attached to the vehicle, does not exceed 900 pounds avoirdupois;
(23) “motor vehicle” means any mechanically propelled vehicle adapted
for use upon roads whether the powers of propulsion is transmitted thereto from
an external or internal source, and includes a chassis to which a body has not
been attached 8[, a tractor] and a trailer,[a combined harvester, a rig, a fork
lifter, a road roller, construction and earth moving machinery such as a wheel
loader, a crane, an excavator, a grader, a dozer and a pipe layer, a road
making and a road/sewerage cleaning plant,] but does not include a vehicle
running upon fixed rails or used solely upon the premises of the owner;
(31) “public service vehicle” means any motor vehicle used or adapted to
be used for the carriage of passengers for hire or reward, and includes a motor
cab, contract carriage, and stage carriage;
(35) “school bus” means any motor vehicle used exclusively for the
carriage of students of any educational institution recognised
by Government or the ma1naging committee of which is a society registered under
the Societies Registration Act, 1860
(36) “semi-trailer” means any vehicle which is so designed that when
operated, the forward end of its body or chassis rests upon the body or chassis
of the towing motor vehicle;
(41) “trailer” means any vehicle other than a side-car drawn or intended
to be drawn by a motor vehicle;
(42) “transport vehicle” means a public service vehicle, a goods
vehicle, a locomotive or a tractor
14. A similar classification of vehicles is
also provided under the National
Highways Safety Ordinance, 2000. The National Highways Safety Ordinance,
2000, provides a statutory framework for regulating traffic and ensuring road
safety on national highways and motorways. It addresses various aspects of
highway safety, including vehicle standards, driver conduct, traffic regulation
and enforcement. The Ordinance also provides mechanisms for ensuring compliance
with prescribed safety requirements and imposing penalties for violations,
thereby promoting responsible road use, reducing the risk of accidents and
safeguarding the lives of road users.
15. The classification of vehicles under
Section 2 of the Motor Vehicles Ordinance, 1965, and the National Highways
Safety Ordinance, 2000, serves a legal purpose to determine the applicable
regulatory requirements, licensing conditions, permissible use, safety
standards, and liabilities according to the nature and use of each vehicle. This
classification ensures that each category of vehicle is regulated according to
its weight, capacity, purpose and potential road-safety risks, thereby enabling
the lawful and uniform enforcement of traffic regulations.
16. Furthermore, Chapter IV of the Provincial Motor Vehicles Ordinance, 1965, titled
“Control of Transport Vehicles,”
specifically provides a mechanism for regulating transport vehicles. The
relevant provisions are reproduced below for ready reference and discussion:
45. Power of Government to control road transport.— (1) Government, having regard to–
(a)
the advantages offered to the public, trade and industry by the development of
motor transport, and
(b) the desirability of–
(i) co-ordinating road and rail
transport,
(ii)
preventing the deterioration of the road system, and
(iii)
preventing uneconomic competition among transport vehicles,
and after having heard the representatives of the
interests affected and having consulted the Provincial and Regional Transport
Authorities concerned, may, for reasons to be recorded in writing, by a
notification in the official Gazette–
(i) prohibit or restrict
throughout the Province or in any area or on any route within the Province,
subject to such conditions as it may think desirable, the conveying of long
distance goods traffic generally or of prescribed classes of goods, by private or
public carriers; or
(ii) fix maximum or minimum fares or freights for stage
carriages and public carriers to be applicable throughout the Province or within any area or on any route within the Province.
(2) Notwithstanding anything in sub-section (1),
Government may, by notification under this sub-section, cancel generally or in
relation to a specified area any permit or class of permits granted under this
Chapter in respect of transport vehicles in order to enable the Corporation
constituted under section 70 to use its transport vehicles on the routes thus
rendered vacant:
Provided that the provisions of
section 22 of 54[the] 55[the Punjab] General Clauses Act, 1956 as to previous
publication shall apply to a notification under this sub-section, and for the
purposes of the said section, a notification under this sub- section shall be
deemed to be a rule made under an Act.
(3) Government may direct the Provincial Transport
Authority or a Regional Transport Authority not to grant or issue any permit
(if already granted but not issued) or to restrict the grant of fresh permits
to a specified number on any route or routes or part of a route on which the
Corporation is already operating motor transport or intends to do so.
Explanation– For the purpose of this sub-section “route”
includes any combination of routes or an elongation of a route.
45-A. Power of
Government to regulate stage carriages.— (1) The Government may, in order to regulate stage
carriages on a route or in an area, for the purposes of–
(a) reducing traffic congestion;
(b) providing an efficient, adequate, reliable,
dignified, safe, integrated, economical and properly coordinated road transport
system;
(c) providing adequate seating arrangements for women and
disabled; and
(d) satisfying any other requirement for proper
transportation system; conduct or cause to be conducted a periodical survey in
order to determine all or any of the following:
(i) the need for alignment or
realignment of a route or routes;
ii) the particular type or kind of
motor vehicle (including nature, capacity, quality and age) which can be used
as a stage carriage on the route;
(iii) the number of permits for the
stage carriages required to be issued for the route;
(iv) the measures to control and
reduce environmental pollution and traffic congestion;
(v) the need for preservation and
future expansion of roads and commuter demands;
(vi) the time period for which any of
these arrangements may be adequate; and
(vii) any other factor necessary for
the development of a proper road transport system.
(2) The Government may, subject to
sub-section (1), by notification in the official Gazette–
(a) declare a route to be a specified
route;
(b) determine the technical
specifications (including capacity, quality and age) of the stage carriages
which shall ply on the specified route;
(c) fix the number of permits required
to be issued in respect of a specified route; and
(d) determine qualifications and
conditions for the grant of a permit for the specified route which may be based
on the following:
(i)
competence of the applicant;
(ii) viable business plan of the
applicant;
(iii) the minimum number of stage
carriages that an applicant shall have to ply or operate on the specified
route;
(iv) the services that an applicant
shall have to establish, operate and maintain on the specified route;
(v) the requisite arrangements for the
maintenance and operations of the stage carriages of an applicant;
(vi) the nature, value, extent and
duration of a performance guarantee which an applicant shall be required to
furnish; and
(vii) any other reasonable
qualifications and conditions as may be prescribed in the interest of the
development of the road transport system.]
17. As the
title suggests, Chapter IV of the
Provincial Motor Vehicles Ordinance, 1965, is intended to regulate the
operation of transport vehicles through permits, route restrictions and
prescribed conditions, thereby ensuring systematic road transport, public
convenience, road safety and the prevention of unregulated competition.
18. In another
significant aspect, Chapter VII of
the Provincial Motor Vehicles Ordinance, 1965, titled “Control of Traffic,” prescribes the statutory mechanism for
regulating traffic and ensuring compliance with the applicable rules of road
conduct. The relevant provisions are reproduced as under:
75.
Limits of speed.—
(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to
be driven in any public place at a speed exceeding the maximum speed fixed for
the vehicle by or under this Ordinance or by or under any other law for the
time being in force:
Provided that such maximum speed shall
in no case exceed the maximum fixed for the vehicle in the Eighth Schedule.
(2) Government or any authority
authorized in this behalf by Government may, if satisfied that it is necessary
to restrict the speed of motor vehicles in the interest of public safety or
convenience or because of the nature of any road or bridge, by notification in
the official Gazette, fix such maximum speed limits as it thinks fit for motor
vehicles or any specified class of motor vehicles or for motor vehicles to
which a trailer is attached either generally or in a particular area or on a
particular road or roads, and where any such restrictions are imposed, cause
appropriate traffic signs to be placed or erected under section 79 at suitable
places in such area or on or near such road or bridge, as the case may be.
(3) Nothing in this section shall
apply to any vehicle registered under section 40 while it is being used in the
execution of military manoeuvres within the area and
during the period specified in a notification under sub-section (1) of section
2 of the Manoeuvres, Field Firing and Artillery
Practice Act, 1938.
76.
Limit of weight and limitation on use.— (1) Government may prescribe conditions for the issue
of permits for heavy transport vehicles by the Provincial or Regional Transport
Authorities and may prohibit or restrict the use of such vehicles in any area
or route within the Province.
(2) Except as may be otherwise
prescribed, no person shall drive or cause or allow to be driven in any public
place any motor vehicle which is not fitted with pneumatic tyres.
(3) No person shall drive or cause or
allow to be driven in any public place any motor vehicle or trailer–
a) the unladen weight of which exceeds
the unladen weight specified in the certificate of registration of the vehicle;
or
(b) the laden weight of which exceeds
the registered laden weight specified in the certificate of registration; or
(c) any axle weight which exceeds the
maximum axle weight specified for that axle in the certificate of registration.
(4) Where the driver or person in
charge of a motor vehicle or trailer driven in contravention of sub-section (2)
or sub-section (3) is not the owner, a Court may presume that the offence was
committed with the knowledge of or under the orders of the owner of the motor
vehicle or trailer.
78.
Power to restrict the use of vehicles.— Government or any authority authorized in this behalf
by Government, if satisfied that it is necessary in the interest of public
safety or convenience, or because of the nature of any road or bridge, may by
notification in the official Gazette, prohibit or restrict, subject to such
exceptions and conditions as may be specified in the notification, the driving
of motor vehicles or of any specified class of motor vehicles or the use of
trailers either generally in a specified area or on a specified road, or
bridge, and when any such prohibition or restriction is imposed, shall cause
appropriate traffic signs to be placed or erected under section 79 at suitable
places in such area or on or near such road or bridge, as the case may be:
Provided that where any prohibition or
restriction under this section is to remain in force for a period of not more
than one month, notification thereof shall not be necessary.
81.
Main roads.—
Government or any authority authorized by it in this behalf may, by
notification in the official Gazette or by the erection at suitable places of
the appropriate traffic signs referred to in 166[Part III] of the Ninth
Schedule, designate certain roads as main roads for the purposes of the
regulations contained in the Tenth Schedule.
82.
Duty to obey traffic signs.— (1) Every driver of a motor vehicle
shall drive the vehicle in conformity with any indication given by a mandatory
traffic sign and in conformity with the driving regulations set forth in the
Tenth Schedule, and shall comply with all directions given by any electrical
traffic signalling device or by any police officer
engaged in the regulation of traffic in any public place.
(2) In this section “mandatory traffic
sign” means traffic sign included in 167[Part III] of the Ninth Schedule, of
any traffic sign of similar form (that is to say, consisting of or including a
circular disc displaying a device, word or figure and having a red ground or
border) erected for the purpose of regulating motor vehicle traffic under
sub-section (1) of section 79.
19. Chapter
VII of the Provincial Motor Vehicles Ordinance, 1965, titled “Control of
Traffic,” regulates the movement and use of vehicles on public roads by
prescribing speed and weight limits, traffic signs, parking restrictions and
other rules of road conduct, thereby ensuring public safety, orderly traffic
flow and the prevention of road accidents.
20. Furthermore, Chapter VIII of the said Ordinance, titled “Offences, Penalties and Procedure,” prescribes the penal
consequences and enforcement mechanism for violations of the statutory
provisions, thereby ensuring compliance with the law, deterring contraventions
and establishing legal accountability for breaches of the prescribed
obligations.
21. Even upon perusal of the Motor Vehicles Rules, 1969, it appears
that Chapter IV deals with the control of transport vehicles, while Chapter VII
regulates the control of traffic. The framework operates on the same footing as
the Motor Vehicles Ordinance, 1965, by prescribing regulatory measures to
govern the operation of transport vehicles and the movement of traffic, ensure
compliance with the prescribed legal requirements, maintain road discipline and
promote public safety.
22. These Rules supplement the parent
Ordinance by prescribing the practical procedures and standards necessary for
its implementation, thereby ensuring that the statutory scheme is effectively
enforced in both the regulation of transport vehicles and the control of
traffic.
23. Although a comprehensive legal framework
governing transport regulation and traffic control is already in place, the pertinent question is whether the
concerned authorities have implemented and enforced the law in its true letter
and spirit. The mere existence of legislation cannot achieve its intended
objectives unless it is supported by effective enforcement, interdepartmental
coordination and a practical traffic management policy or master plan.
24. In this regard, under Schedule-II (see Rule 3(ii)) of the Sindh
Government Rules of Business, 1986, which provides for the distribution of
business among departments, the Home Department is listed at Serial No. 15, and
Entry No. 21 specifically relates to
the enforcement of the provisions of the Provincial Motor Vehicles Ordinance,
1965, and the rules made thereunder concerning traffic control, inspection and
checking of motor vehicles for the purpose of traffic regulation. Thus, the
responsibility of the Home Department in this regard is not merely
administrative but is expressly reflected in the allocation of departmental
business under the Rules of Business.
25. Furthermore, Schedule-II (see Rule 3(ii))
of the Sindh Government Rules of Business, 1986, the Transport and Mass Transit Department at Serial No. 37 and assigns
its responsibilities relating to motor vehicle administration, road transport
regulation, planning and development of mass transit systems, transport
policies.
26. Despite the availability of this
administrative framework, the persistent gap between the law on paper and its
implementation on the ground raises serious concerns regarding the
effectiveness, coordination and accountability of the concerned authorities.
The response cannot remain limited to meetings, progress reports and
statistical figures demonstrating administrative activity, particularly in the
absence of any apparent improvement in traffic conditions. The public has
approached this Court not merely to seek further assurances or reports, but to
secure the effective enforcement of existing statutory provisions. The Home
Department, in coordination with the Traffic Police and other relevant
departments, specifically Transport and Mass Transit Department is therefore
expected to demonstrate concrete, coordinated and sustained enforcement
measures, supported by a workable traffic management strategy, rather than rely
upon formal meetings and paper compliance.
27. The
concerned authorities shall formulate and implement a comprehensive, practical
and time-bound traffic management master plan based on an assessment of
existing traffic conditions, identification of congestion points and
road-safety hazards, and evaluation of deficiencies in the enforcement of the
applicable laws. The plan shall clearly define the responsibilities of each
concerned department, prescribe specific remedial measures, provide for
necessary resources, and establish definite timelines and measurable targets.
28. In Punjab, the Punjab Environmental Protection (Motor Vehicles) Rules, 2013, were
framed in exercise of the powers conferred by Section 31 of the Punjab
Environmental Protection Act, 1997, to provide a specific regulatory framework
for controlling vehicular emissions. In Sindh, Section 15 of the Sindh Environmental Protection Act, 2014,
addresses the regulation of motor vehicles; however, the existence of a
statutory provision alone does not dispense with the need for an effective and
detailed regulatory mechanism to ensure its practical implementation. The
relevant provision is reproduced below for ready reference and examination,
particularly to assess whether the existing legal framework, together with its
implementation, adequately addresses vehicular emissions and related
environmental concerns in the Province.
15. Regulation of motor vehicles.-
(1) Subject to the provisions of this Act, no person shall operate or
manufacture a motor vehicle or class of vehicles from which air pollutants or
noise are being emitted in an amount, concentration or level which is in excess
of the Sindh Environmental Quality Standards or, where applicable, the
standards established under sub-clause (i) of clause
(g) of sub-section (1) of section 6.
(2) For ensuring compliance with the standards mentioned
in sub-section (1), the Agency may direct that any motor vehicle or class of
vehicles shall install such pollution control devices or other equipment or use
such fuels or undergo such maintenance or testing as prescribed.
(3) For ensuring compliance with the standards mentioned
in sub -section (1), the Agency may direct that any manufacturer of motor
vehicle or class of vehicles shall use such manufacturing standard or design or
pollution control devices or other equipment or undergo such testing as may be
prescribed.
(4) Where a direction has been issued by the Agency under
sub-section (2) and (3) in respect of any motor vehicles or class of motor
vehicles, no person shall operate or manufacture any such vehicle till such
direction has been complied with.
29. Additionally,
the Secretary, Environment, Climate Change and Coastal Development Department,
has notified the Sindh Climate Change
Policy, 2022, wherein Article 4.03
addresses the transport sector and recognizes transportation as a significant
contributor to air pollution, supported by relevant data. In view of the
serious public importance of this issue and its direct implications for public
health and environmental protection, there is a pressing need for a
comprehensive plan governing vehicular emissions and their environmental
impact. The Government of Sindh, through the competent authorities, should
therefore seriously consider framing specific rules governing motor vehicles,
transport and traffic-related emissions, and ensure their effective
implementation in coordination with the concerned departments, so that the
existing statutory framework is translated into practical and measurable
measures for controlling pollution and safeguarding the environment.
30. In the absence of a comprehensive traffic
management master plan, supported by a clearly defined policy and an effective
implementation mechanism, the reports furnished by the concerned authorities do
not, by themselves, establish that the existing statutory provisions are being
effectively enforced. Although the formulation of policy and the determination
of administrative priorities fall within the domain of the Executive, the
failure to demonstrate effective implementation of the applicable laws and policies
in a matter of such public importance warrants serious consideration. In such
circumstances, this Court may, within the scope of its Constitutional
jurisdiction, express its concern regarding the need for effective supervision to
ensure compliance with the relevant statutory provisions, enactments and duly
framed policies, while leaving the formulation of policy and determination of
appropriate lawful measures to the competent authorities.
31. In this regard, the functions and powers
of the Chief Secretary, as defined under the Sindh Government Rules of Business, 1986, are relevant and are
reproduced below for ready reference and consideration:
21. In addition to the duties and
functions assigned to him under any other provisions of these rules, the Chief
Secretary shall----
(a) be the Chief Advisor to the
Governor and Chief Minister in administrative matters;
(b) exercise, on behalf of the Chief
Minister, powers of appointing authority except the power of appointment (other
than additional or current charge), transfer, promotion, disciplinary action
and matters mentioned at serial numbers 4,6,7 and 19 of Sixth Schedule in
respect of officers in B-19 and above;
(c) be the official head of the
Secretariat;
(d) co-ordinate the activities of all
Departments in the administrative field;
(e) be the Chairman of the Selection
Board No.II constituted by Government for making appointments to tenure posts
and other senior posts under Government in B-18 (which special pay) and B- 19;
(f) have the power to call for any
case or information from any Department, Attached Department, Regional Office,
or any other office; and
(g) be the Secretary of the Cabinet.
32. In view of the foregoing discussion, the
Chief Secretary, Government of Sindh, shall take appropriate steps for
constituting a High-Level Committee
comprising representatives of all relevant departments, including the Home
Department, Transport Department, Traffic Police, Environment, Climate Change
and Coastal Development Department, the concerned Metropolitan and Municipal
Corporations, along with any other members deemed appropriate, to address the
issues in question and formulate a coordinated and comprehensive mechanism for
addressing the prevailing traffic-related issues throughout the Province of Sindh, including Karachi. The Committee
shall undertake a collective assessment of the existing situation across the
Province, identify deficiencies in the implementation of the applicable
statutory provisions, and formulate a practical Transport and Traffic Management Master Plan incorporating clearly
defined responsibilities, appropriate enforcement measures, implementation
timelines, and a monitoring mechanism, with due regard to the specific
traffic-related requirements of each district. The plan shall be submitted for
approval to the competent authority in accordance with the prescribed
procedure, with provision for periodic review and revision in light of changing
traffic conditions and public requirements throughout the Province.
33. So far as environmental protection is
concerned, Section 15 of the Sindh Environmental Protection Act, 2014, provides
a statutory basis for regulating motor vehicles in relation to environmental
pollution. However, a detailed regulatory mechanism is necessary to construe
the legislative framework into effective measures for controlling vehicular
emissions and their adverse environmental impact. Accordingly, the Secretary, Environment, Climate Change
and Coastal Development Department, Government of Sindh, shall prepare a
comprehensive draft of the proposed environmental regulations or rules
concerning motor vehicles, and submit the same to the Chief Secretary for
consideration and further processing through the prescribed legislative
mechanism. The proposed framework shall address vehicular emissions,
environmental standards, inspection and testing, compliance and enforcement, in
coordination with the concerned departments.
34. The exercise shall be undertaken with due
regard to the respective statutory mandates of the departments concerned, the
public importance of effective traffic management and environmental protection,
and the necessity of ensuring that the existing legal framework is implemented
in its true letter and spirit, rather than remaining narrowed to administrative
meetings and reports.
35. With these observations, the instant
petitions stand disposed of.
JUDGE
JUDGE