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