Muhammad Asif Khan and others Vs Govt. of Khyber Pakhtunkhwa through Secretary Mines and Mineral Department & others

IN THE PESHAWAR HIGH COURT, D.I.KHAN BENCH

(Judicial Department) Writ Petition No. 69-D/2023 (Connected with CM No. 487-D & 390-D/2024)

Muhammad Asif Khan and others Versus Govt. of Khyber Pakhtunkhwa through Secretary Mines & Minerals Department and others

Date of hearing ____ 16.04.2025

For Petitioner _____ Muhammad Yousuf Khan Advocate.

For Respondents _____ Mr. Ahmad Abu Hanifa Gandapur, AAG.

JUDGMENT

Farah Jamshed, J.

1.This Court is seized of a petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, wherein the petitioners—residents of the locality adjacent to Fazal Shaheed Road, commonly known as Mahekma Mosmiyat Road—have sought judicial intervention against two pressing issues: (i) the unlawful excavation and transportation of sand from the dry bed of the Indus River without lawful auction or authorization, and (ii) the unregulated, hazardous use of the said road by tractor trolleys and heavy trucks transporting said sand.

2.The petitioners allege that sand is being illegally extracted from a reserved block of the Indus riverbed—designated for placer gold—

without any lawful auction by the Mines and Minerals Department.

They assert that heavy vehicles, including tractor trolleys and trucks, operate recklessly espacially at night, endangering life, damaging infrastructure, and polluting the environment with dust and noise.

Despite repeated complaints to the authorities, no remedial action was taken, compelling the petitioners to invoke the constitutional jurisdiction of this Court through instant petition.

3.In response, Respondents No.2, 3, 5, and 9 have filed comments, followed by better comments. Respondents No.3, 5, and 9 acknowledged that the area in question falls within a reserved block for placer gold and has not been auctioned. Mining activities in this zone are explicitly prohibited. Several FIRs have been registered against violators, substantiating the petitioners’ contention that illegal mining is indeed taking place.

4.Arguments heard and record gone through with the assistance of learned counsel for the parties.

5.The law is clear: mineral resources of the State cannot be unlawfully extracted. All stakeholders hold a duty to prevent the exploitation of natural resources, especially in violation of laws that serve the public interest. The ongoing illegal excavation in a reserved zone constitutes a serious violation of the law and an abdication of responsibility by the concerned authorities. The unauthorized mining activities must cease immediately.

6.Turning to the second grievance—the unchecked and excessive use of Fazal Shaheed Road by heavy vehicles, the learned Assistant

Advocate General has stated that there are no restrictions on the use of tractors in any manner on any public roads and pathways. —this Court notes with grave concern the lack of regulatory enforcement. While public roads are open to all citizens, such access must be regulated under the law to ensure safety, sustainability, and order. Thus, the pertinent question remains: by what provisions the tractor with trolleys are permitted on public roads?

7.The Motor Vehicles Ordinance, 1965 (the Ordinance), read with the Khyber Pakhtunkhwa Motor Vehicles Rules, 1969 (the Rules), governs the use of motor vehicles in the province. Under these legal instruments, a tractor attached to a trolley or trailer and used for transporting goods qualifies as a “transport vehicle” or “goods vehicle.” As such, it is subject to strict regulatory requirements including registration, issuance of a fitness certificate, and the procurement of a route permit from the competent Transport Authority.

8.For clarity, pertinent definitions of vehicles and its classification explained in various clauses of Section 2 of the Ordinance are as follows:

The Motor Vehicles Ordinance, 1965 S.2-(14) “goods vehicle” means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods, solely or in addition to passengers;

(23)“motor vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the powers of

propulsion in transmitted thereto from an external or internal source, and includes a chassis to which a body has not been attached, 1[a tractor] and a trailer, but does not include a vehicle running, upon fixed rails or used solely upon the premises of the owner

(36)“Semi-trailer” means any vehicle which is so designed that when operated, the forward end of its body or chassis rests upon the body or chassis of the towing motor vehicle;

(39)“tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion) the unladen weight of which does not exceed 16,000 pounds avoirdupois; but does not include a road- roller;

(41)“trailer” means any vehicle other than a side-car drawn or intended to be drawn by a motor vehicle;

(42)“transport vehicle” means a public service vehicle, a goods vehicle, a locomotive or a tractor.

9.It is important to note that tractors used solely for agricultural purposes are exempt from these restrictions. However, once coupled with a trolley or trailer for transporting goods—especially for commercial purposes—it is classified as a transport vehicle under the Ordinance. Utilizing such vehicles without a valid route permit and compliance with fitness standards is unlawful.

The respondents have neglected to ensure that only duly registered and permitted vehicles operate on Fazal Shaheed Road, resulting in negligence that exposes the public to significant safety and environmental risks.

In light of the above:

10.The first grievance concerning illegal sand excavation is substantiated by the respondents' admissions regarding the transportation of sand during nighttime from a reserved block for placer gold where mining activities are explicitly prohibited. It is the collective responsibility of all stakeholders to cease illegal sand mining and related activities until proper auctioning occurs.

11.As for the second grievance regarding tractor trolleys using the road recklessly, while the road is open for general public use, the lack of standards for tractor and trolley operations is alarming. The learned Assistant Advocate General posited that there are no restrictions regarding tractors on public roads, prompting the need to identify under what provisions such vehicles are permitted.

Based on the Motor Vehicles Ordinance, 1965, and the accompanying rules, while tractors are allowed for agricultural operations, any use involving a trolley or trailer for transporting goods—especially in commercial c ontexts—constitutes a transport vehicle that must comply with regulatory conditions as specifically provided under Section 41(1) of the Ordinance, which reads as under:

S. 41 (1) - "No owner of a transport vehicle shall use or permit the use of, and no driver of a transport vehicle shall drive or cause or permit to be driven, the vehicle in any public place, save in accordance with the conditions of a permit authorizing the use or driving of the vehicle in such place granted or countersigned by a Regional or Provincial Transport Authority."

12.To sum up the discussion, a tractor-trolley combination, especially when used for commercial transport purposes, qualifies as a transport vehicle and necessitates compliance with the law regarding permits and vehicle fitness certificates. The respondents must thus ensure that tractor trolleys and trailers carrying goods on Fazal Shaheed Road operate only with the proper permits from the appropriate authorities. Any violations should prompt immediate legal action by the Traffic Police to uphold traffic regulations for public safety.

Above in view, the instant writ petition along with CMs referred above stands disposed of in these terms.

Announced.

(M/Subhan)

Sd/-

JUDGE

Sd/-

JUDGE

(D.B)

Hon’ble Ms. Justice Farah Jamshed and Hon’ble Mr. Justice Inamullah Khan