The Sindh High Court (SHC) on Thursday directed the provincial chief secretary, the Karachi traffic police chief and the transport authorities to eradicate illegal roadside parking from the city, warning that in case of failure to comply with the order, contempt-of-court proceedings would be initiated against the officials responsible.
Dismissing the petition of intercity bus operators against the sealing of their offices in Sohrab Goth, an SHC division bench headed by Justice Adnanul Karim Memon said roadside encroachments and improper parking are causing congestion and public inconvenience, reflecting the district administration’s apathy.
The petitioners said the district administration had sealed the bus operators’ offices at Al-Asif Square despite the intercity bus terminal not having been established yet. They said the government had made the assurance of establishing an intercity bus terminal to accommodate transporters, but no such facility has been established yet.
The provincial law officer opposed the petition, and said that the action of the district administration had been taken strictly in accordance with the law, including the directions of the Supreme Court that mandate the removal of encroachments and illegal parking from public roads to ensure smooth traffic flow.
He said that the impugned crackdown was part of the law enforcement drive aimed at regulating traffic, eliminating congestion and removing illegal commercial activities from public spaces.
The court was informed that the intercity bus terminal is fully operational and providing all facilities for transporters and passengers. The law officer said the petitioners are operating a bus stand and booking offices illegally at public spaces.
After hearing the arguments, the court said that the actions being complained about are not aimed at prohibiting lawful business activities but rather regulating the place and manner of such activities in accordance with the law.
The bench said that the issue had already been settled in court, wherein it was held that route permits regulate vehicle movement only and do not confer any right to establish booking offices or bus stands at unauthorised locations.
The court said that the plea based on ownership or possession is untenable and does not defeat the lawful authority of the respondents to remove an unauthorised transport operation. Dismissing the petition, the SHC said the petitioners are at liberty to conduct their transport businesses strictly from lawfully designated and approved terminals in accordance with the law.
