JAMSHAID AHMAD DASTI vs GOVERNMENT OF PUNJAB S — 2025 PLD 679 LAHORE-HIGH-COURT-LAHORE

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JAMSHAID AHMAD DASTI VS GOVERNMENT OF PUNJAB S.10(2)---Punjab Tolls on Roads and Bridges Ordinance (VIII of 1962), Ss.3 & 4---Constitution of Pakistan, Art. 199---Intra Court Appeal---Constitutional jurisdiction of the High Court, invoking of---Factual controversies and disputed questions of facts---Policy decision of the Government---Scope---Constitutional jurisdiction of the High Court not to be invoked in cases of policy decision of the Government as well as in cases of factual controversies requiring determination of disputed questions of facts---The appellantchallenged the establishment of toll plazas and the award of contracts for toll collection during the tenure of the Caretaker Government---It was contended that the Caretaker Government was not authorized to award contracts and thetoll plazas were being established at intervals of 10-20 kilometers, violating paragraph 16 of the NHA Tolling Policy, which stipulated a minimum distance of 35-60 kilometers between toll plazas---The question requiring determination in the present appeal was as to "whether the Caretaker Government acted beyond its legal mandate by initiating the process for awarding toll collection contracts and establishing toll plazas at intervals"---Held: Sections 3 and 4 of the Punjab Tolls on Roads and Bridges Ordinance, 1962 empowered the Government of Punjab to levy toll tax on roads and bridges for the purpose of their maintenance and S. 10(2) of National Highway Authority Act, 1991 authorized the framing of policy for charging toll tax, hence, there was no violation of law to that extent---Although the proceedings were initiated by the Caretaker Government but the same were finalized when the elected Government was holding office, which not only issued the contract but impliedly endorsed the action of Caretaker Government for creation of toll plaza and leasing out rights for collection of toll and this was purely a policy decision, which could not be interfered with by the High Court unless shown to be suffering from any illegality or violation of law, which could not been shown from the record of present case---As regards the claim of the appellant that the distance between successive toll plazas was 10-20 kilometers, paragraph No.16 of NHA Tolling Policy while providing minimum distance for establishment of toll plazas also provided exceptions where requirement of minimum distance was not to be considered---In the present case the ground that toll plazas established at lesser distances without there being any supporting material to show that whether the case fell within the exception or not was a factual controversy requiring determination of disputed facts, which was not permissible in Constitutional jurisdiction of the High Court, hence, High Court was not inclined to pass any direction regarding such aspect of the matter---Present appeal failed to disclose any illegality or jurisdictional defect in the impugned order and did not warrant interference by the High Court and was dismissed, in circumstances.

JAMSHAID AHMAD DASTI vs GOVERNMENT OF PUNJAB S — 2025 PLD 679 LAHORE-HIGH-COURT-LAHORE

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