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LHC issues notice to Punjab govt on highway tax

RECORDER REPORT

LAHORE: Justice Tanvir Ahmed Khan of the Lahore High Court (LHC) has issued a notice to the Advocate General Punjab for appearance on April 4, directing the respondent Highway Department authorities not to take any coercive measures against the petitioner mills which have challenged the highway access tax.

It may be mentioned that the Punjab government had imposed a levy on all mills situated adjacent to the highways in Punjab, claiming that this levy was for use of the access roads from the highway to the premises of the mills.

The petitioners' counsel, Syed Zafar Ali, contended before the court that under Article 77 and 127 of the Constitution no tax could be imposed by the executive unless it had the backing of a law made by a provincial assembly.

He contended that the impugned tax had been imposed without sanction of law.

He, therefore, prayed to the court to declare the impugned tax imposed as illegal and without lawful authority.

He also prayed to the court to direct the respondent officials not to harass the petitioners and act in accordance with the law.

The court, after hearing the petitioners at length, issued notice to the law officer and directed the respondents not to take coercive measures against the petitioners.