SHC orders registration of FIRs against persons illegally collecting charged parking fee

Any person collecting charged parking fees in areas other than those designated by the Karachi Metropolitan Corporation for charged parking has been committing a criminal offence, ruled the Sindh High Court (SHC) on Friday.

The high court ordered that FIRs should be immediately registered against such persons. Issuing its order on a petition against unauthorised charged parking in the city, a division bench of the SHC headed by Justice Nadeem Akhtar observed that in case of police’s failure to register FIRs against such persons, it would be assumed that police authorities were in collusion with the criminal elements and the SHO of that area would be held personally accountable.

The traffic DIG as well as the KMC filed reports before the court confirming that there were 46 roads in Karachi, on which car parking was being charged. The amicus curiae submitted that charged parking was being charged by the KMC under the charged parking by-laws 1975 and the charge had been increased without complying with the provisions.

He submitted that the KMC could make new by-laws in conformity with the Sindh Local Government Act (SLGA) and until the same was done, the increase in charged parking could not be sustained.

The high court directed the KMC to ensure that any increase in the charges for parking was made in compliance with the sections 138 and 139 of the SLGA. The KMC submitted in its report that it had been ensured that the side walls against which parking would be charged would be coloured in green so that the general public could know where they could avail the facility.

The high court also expressed concern over the dysfunctional traffic engineering department of the KMC and directed the local government secretary to ensure that such functions were fully regulated by the KMC and the Karachi Development Authority.

The SHC directed the local government secretary, KMC and KDA to submit compliance reports on the next date of hearing. It is pertinent to mention that the SHC had earlier ordered the KMC and traffic police to ensure that no unauthorised charged parking was allowed in the city. The SHC also observed that appropriate action should be taken against the violators of traffic laws.

The petitioners had moved the court for taking action against persons collecting parking fees in violation of the Supreme Court’s orders. They had maintained that the SC had issued clear directions on the issue, but private contractors were collecting parking fees on different roads of the city. They alleged that private contractors with connivance of the KMC and DMC officials were charging exorbitant fee for parking of motorcycle and cars by declaring every road and street of the city as a charged parking area.

Earlier, another bench of the SHC had restrained the cantonment boards in the city or any other authority thereunder from collecting parking fees in their jurisdictions until further orders.