Pakistan Case Law
2018 SCP 1234

(1) Shagufta (2) Fazal Rehman, Propeller Lines Welfare Association (3) Mir

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Citation2018 SCP 1234
CourtSupreme Court of Pakistan
Case No.HUMAN RIGHTS CASES NO.10-K/2007, 25337-S/2010, 40548S/2011 AND
Date2018-06-20
Judge(s)Sajjad Ali Shah, Mian Saqib Nisar
ResultN/A
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns the operationalization of the Zulfiqarabad Oil Terminal (ZOT) in Karachi, a project pending since 2007. Following reservations raised by the Oil Tankers Association regarding the terminal's readiness, the Court constituted a committee comprising municipal authorities and stakeholders to inspect the site. The committee's report confirmed that essential infrastructure, including parking for 1300 tankers, office facilities, utilities, and security measures, was largely complete, with only minor works remaining. The core legal question addressed was the feasibility of mandating the immediate relocation of oil tankers to the ZOT despite minor pending works. The Court held that the terminal was sufficiently prepared for operation and directed the Oil Tankers Association to shift their operations to the new terminal within four days. Furthermore, the Court ordered the Board of Revenue to transfer 50 acres of land to the Karachi Metropolitan Corporation for Balochistan oil tankers, emphasizing the necessity of fast-tracking the completion of remaining minor works to ensure the terminal's successful and immediate functionality for public interest and urban management.

Questions settled in this judgment
  • Can the Court mandate the immediate relocation of oil tankers to a terminal if only minor infrastructure works remain pending?
  • Is the Board of Revenue legally obligated to transfer land to the Karachi Metropolitan Corporation for the purpose of establishing oil tanker parking facilities?
  • Does the Court have the authority to constitute a committee of stakeholders to verify the operational readiness of public infrastructure projects?
Zulfiqarabad Oil TerminalKarachi Metropolitan CorporationOil Tankers AssociationUrban infrastructurePublic interest litigationOperational compliance

Mr. Muhammad Yousaf Shahwani, Chairman Oil Tankers Association expressed certain reservations in the morning and complained that Zulficiarabad Oil Terminal is not yet complete for the purposes of shifting and proper operation. However, we constituted a Committee comprising of Mr. Wasim Akhtar, Mayor of Karachi, Mr. Zia Ahmed Awan, ASC, Dr. Syed Saif-ur-Rehman, Metropolitan Commissioner, KMC and Mr. Muhammad Yousaf Shahwani, Chairman, Oil Tankers Association. They have all visited the site and submitted a consensual report to this Court which is made part of the order and is scanned as below:- VISIT REPORT ON ZOT [ ZULMARABAD OIL TERMINAL] On the directives of Iion'able Supreme Court of Pakistan, we visited ZOT [Zulfiqarabad Oil Terminal] today [20.06.2018]. W e observed the facilities already developed which was explained by the Project staf f.

There are written reports prepared by KMC which are mostly established on the ground and in the reports they have also Shown few remaining works of minor nature which are pending due to lack of funds.

On Site we were accompanied by Mayor Karachi alongwith full Team of KMC, representatives of Oil Tankers Association and Shopkeepers Association.

We observed that :

1. There is parking space available for 1300 oil tankers.

2. There is construction made by PSO and refurbished by KMC for the facilities to handle the load management and for issuance of token for filling of tankers.

3. 138 bathrooms are ready in all aspects.

4. Office facilities are present.

5. Retiring sheds are also ready for drivers and other staff'.

6. There are two big cafeterias ready to use.

7. Masjid alongwith Wazo-khana are ready to use.

8. Underground and over-head water tanks are ready.

9. K-Electric Sub Station alongwith MIT with provision of poles in parking area is ready.

10. Boundary wall completed.

11. Entry / Exit Gate is available.

12. Barriers in Parking Areas are available.

13. Carpeted roads are intact.

14. Paver-block works completed oni132 acres,

15. Water connection available from main KWSB line with Pump Room.

16. Construction of septic tanks for sewerage system is completed.

17. Two watch towers at entrance are completed.

Following minor works still need to be done that could be completed in couple of weeks:

1. Space for Commercial Bank Offices

2. Space for Rangers Post

3. Space for Police Post 4.. Fire Hydrant f i'e.4/0 I Rompl

5. Sewerage system [already proposed in 2nd Phase]

6. Lights at parking area During the visit we observed that there is a need to provide financial assistance to KMC to complete rest of work of the said Project in shortest possible time [Financial Statement is attached with this Report].

There is another observation to run this Project smoothly for successful operation, there is need of an operational committee headed by PD ZOT having the representation of all stakeholders viz Police, Rangers, Traffic Police, Home Department, Oil Marketing Companies, Registered Oil Tankers Association, Shopkeepers Association.

Since this Project is pending since 2007 there is need to take timeline from the Departments which are having responsibilities to develop this Project.

We observed that there is not a single tanker parked inside the parking place but we observed that hundreds of tankers parked outside the Terminal.

The positive approach taken by the Tankers Association that they are ready to move in Parking Terminal. However, outlaws who are not cooperating to park their tankers inside the ZOT [Zulfigarabad Oil Terminal] would be dealt as per law.

Submitted Please.

Wasim Akhtar [Mayor Karachi] Zia Ahmed Awan [Advocate] Dr.Syed Saif ur Rehman [Metropolitan Commissioner KMC] Mr. Muhammad Yousuf Shahwani [Tankers Association] Thus on account of the above, a direction is issued to the Oil Tankers Association to shift to the new terminal within a period of four days from today, i.e. by 24.6.2018. The remaining works which are minor in nature shall be undertaken by the concerned authorities on a fast track basis to ensure provision of complete facilities which are lacking for the time being.

2. As far as 50 acres of land for Balochista n Oil Tankers is concerned, we direct the Board of Revenue to hand over the land to KMC within a period of three days which shou ld be leveled and made appropriate for the purposes of parking tankers on such land.

3. Let this order be placed on the website of this Court for all and sundry to comply with.

4. Re-list.

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