The Islamabad High Court (IHC) has clarified that if the overloaded vehicles were damaged on the highways and motorways, the loss would be compensated by the government departments and the concerned authorities.
The court ruled that the application for execution of the Excel load policy was decided.
The petition was filed by Arif Chaudhry, his lawyer, a private transport company M / SJZ Enterprises Private Limited.
It may be recalled that last year the Islamabad High Court suspended the notification issued by the Ministry of Communications on June 6, which delayed the implementation of the Excel Load Act for 90 days. The government has postponed the implementation of this policy several times. ۔
The Excel Load Ordinance was introduced in 2000 but due to strong lobbying of the transporters, the execution is delayed, but the current government has decided to strictly implement the Excel load law.
Many trade and industrial organizations have called on the government to stop implementing the Excel load policy as it would increase the cost of freight by 100 times.
In a judgment issued by Justice Mina Gul Hassan of Islamabad High Court, it said, "The loss in the national exchequer due to damage to the national highways and motorways due to a law-abiding Excel load violation was not an official." Persons held in positions and government departments will be charged with personal treasury, which ordered the execution of the Excel Load Act.
The court also appointed Advocate Kashif Ali Malik as a judicial assistant in the case.
The applicant's lawyer held that the execution of the fixed load limit was being delayed due to an agreement between the transporters and the government.
As a result, the national highways are being damaged due to heavy loads on heavy vehicles.
The Judicial Assistant told the Bench that the ordinance was issued in the public interest and it was the responsibility of the Ministry of Communication and the legal departments under it to enforce every provision of the ordinance in accordance with its spirit.
The court held that the said ordinance does not authorize the government (Ministry of Communications and its subordinate departments) or any government official to postpone the execution of the Excel Load Act, nor is there any provision in the ordinance that governs the said ordinance. Meeting the terms will provide you with the option to waive or delay.
Such limits can be amended by amending the ordinance through the legislature, and only the government cannot do so.
The court learned that the government's instruction to delay the execution of the Excel load policy was 'issued without legal authority'.
The court ruled that according to the provisions of the ordinance, the excel load policy must be strictly and strictly adhered to.