OHAD MOTORS (PVT.) LTD. vs GOVERNMENT OF PUNJAB Rr — 2022 PLD 569 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

OHAD MOTORS (PVT.) LTD. VS GOVERNMENT OF PUNJAB Rr. 197-a, 197-B & 197-C---Provincial Motor Vehicles Ordinance (XIX of 1965), S. 119---Punjab General Clauses act (VI of 1956), S.22---Notification No. SO(P-I)/2-34/2016(M/C)P-1 dated 01-09-2020---Licence for manufacturing or assembling of engine or chassis of motor cab rickshaw/motor cycle rickshaw---Vires and legality of Rr. 197-a, 197-B & 197-C of the Punjab Motor Vehicles Rules 1969 ('Rules, 1969')---Rules 197-a, 197-B & 197-C of the Rules, 1969 ('the impugned rules') were put into practice without their re-publication in the Official Gazette, after the publication of the draft rules---Whether the previous publication (of draft rules) constituted substantial compliance of the requirements of S.119 of Provincial Motor Vehicles Ordinance, 1965 ('Ordinance, 1965') and S.22 of Punjab General Clauses act ('act, 1956') when no objections were raised qua the legality, reasonability and competency of the impugned rules, upon publication of draft rules---Held, that the validity and enforceability of the impugned rules was being questioned after two decades of successful enforcement and implementation - where under numerous licences were issued and are regularly renewed on annul basis---Draft rules were published in the Official Gazette through Notification No. SO(TR-I)/2-10/2000 dated 05-06-2002 for calling objections; no objections were raised to the draft rules, which were duly published and no licensee, to date, has objected to their enforceability---Impugned rules established a licensing regime for the manufacturing and assembling of motor cab rickshaw/motorcycle rickshaw and they did not suggest imposition of any fiscal obligation or any condition prejudicial to the public---No specific injury, prejudice or harm was alleged by the petitioner, except raising objection to the conditionalities prescribed for regulating the licensing regime---No case of any alleged discrimination, specific to the petitioner, was made out---Impugned rules were further amended through Notification No. SO(P-I)/2- 34/2016(M/C)P-1 dated 01-09-2020, which amendment fulfilled the condition of publication of draft rules for soliciting objections and thereafter amended rules were again published in the official gazette - where draft rules and re-published rules were not similar but amendments were made in the draft rules---Fresh publication or re-publication was missed inadvertently and without any element of mala fide---Persons affected by the impugned rules could not claim absence of knowledge as licences were issued under the impugned rules---Mere inadvertent mistake on the part of the department did not constitute sufficient ground to declare the Notification No. SO(TR-I)/2- 10/2000 dated 05-06-2002 void and ineffective and consequently declaring all actions taken, licences issued and renewed, solely because impugned rules were not re-published after draft rules being published earlier---Plausible and rational option in the circumstances of the present case was to save the impugned rules to avoid spilling chaos and confusion---High Court declared that issuance of Notification SO(TR-I)/2-10/2000 dated 05-06-2002 in the official gazette was treated as sufficient compliance of the law, which shall be deemed effective from the date of publication of draft rules in the official gazette---Constitutional petition was dismissed with the observation that the Court's declaration was only to the extent of present case, and the Government in future shall adhere to the requirements of previous publication accordingly, as prescribed in law.

OHAD MOTORS (PVT.) LTD. vs GOVERNMENT OF PUNJAB Rr — 2022 PLD 569 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2022 PLD