ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. 317 of 2011.          

Date	Order with signature of Judge

For Katcha Peshi.

09.03.2011.

                        Messrs Bhajandas Tejwani and Asif Ali Abdul Razak Soomro, Advocates for petitioners.

                        Mr. Abdul Hamid Bhurgri, Addl. A.G. alongwith Mr. Ali Raza Pathan State counsel and Mr. Parvez Ahmed Chandio DPO Jacobabad, Mr. Ghulam Mustafa T.M.O, Mr. Muhammad Saddique, E.D.O on behalf of DCO Jacobabad, and Inspector Ghulam Ahmed DSP (Legal).

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                        The petitioners who are resident of Jacobabad city have approached this court by filing instant petition in the public interest, complaining about the nuisance and grave inconvenience being caused to the citizens of Jacobabad city on account of illegal and un-authorized bus/van stand established in the city by bus/van owners inspite of parking their vehicles at the newly established bus/van stand at the outskirts of Jacobabad city. Following prayers have been made in the instant petition. 

(a) Direct the respondents No. 1, 2, 3, 4, 5, 6 and 7 to shift the transport vehicles (Wagon and Buses) to the new Wagon and Bus stands situated near National Highway (Old Quetta Road) along the Thul main road and to implement Orders/directions/ notifications dated 15.1.2002, 30.3.2002, 12.4.2002 and 12.09.2007.

(b) Direct the respondents No.1, 2, 3, 4, 5, 6 & 7 to take action against the transports who are refusing to shift their vehicles from the city of Jacobabad to the new Wagon and Bus stands.

(c) Direct respondents to restrain the transporters from parking their transporting vehicles (Wagons and Buses), within the  city center of Jacobabad.

                        It has been stated by the learned counsel for petitioners that the petitioners as well as the residents of Jacobabad city are facing serious inconvenience and traffic jams on account of illegal and un-authorized Bus/Van stand established in the various places of the city. Per learned counsel the Bus/Van owners instead of parking their vehicles at the newly established Bus/Van stand situated near National Highway (Old Quetta Road) along Thull main road at the outskirts of Jacobabad city continue to park and stop their vehicles wherever they feel convenient, which results in traffic jams, pollution and loss of energy.  Learned counsel further stated that newly Bus/Van stand situated at outskirts of Jacobabad city was established by spending huge public funds, whereas official respondents are not shifting the illegal and un-authorized Bus/Van owners to such newly established stand.

                        Notices were issued to the respondents, who have submitted their comments. Today, E.D.O (Revenue), Jacobabad, is present on behalf of D.C.O Jacobabad and submitted that they are very much willing to remove these un-authorized bus and wagon stands and to direct the  owners of buses and wagons to park their vehicles at outskirts of the city to avoid traffic jams. However, it is stated by the E.D.O present in court that on account of flood the bus stand so established in the outskirts requires repair and maintenance and they will need about six months to do the needful. To this submission learned counsel for petitioners state that at most three months may be given to the respondents to do the needful, as only minor repair work is required.

                        E.D.O present in court undertakes to complete the repair and maintenance work as soon as possible but not beyond the period of three months from today. DPO Jacobabad present in court also undertakes to provide legal assistance to the D.C.O, Jacobabad in this regard. ON such undertaking the counsel for the petitioners are satisfied and do not press the instant petition, provided the undertaking given by official respondents is made part of this order.

                        Accordingly by consent of parties present in court, instant petition is dismissed as not pressed, however with directions to respondents to shift all un-authorized transport vehicles and bus and wagon stands from Jacobabad city to the newly established stands constructed at the outskirts of Jacobabad city near National Highway (Old Quetta Road) alongwith main Thull Road within three months from this order. In the meanwhile D.P.O Jacobabad is directed to regulate the traffic in the city to avoid any congestion and traffic jams, and further to provide legal assistance to D.C.O Jacobabad in this regard.

                        Petition stands disposed of in the above terms. 

                                                                                                                        Judge