AJK Motor Vehicle Rules, 1973

R. 218 — The vehicle stands are classified under rule 218 to be administered by Govt., by a private company or by a Municipal Committee or local authority — Such stands can be allowed by Provisional Transport Authority in consultation with the local authority having jurisdiction in the area but no such stand can be established in private land save with consent of the owner of land. Sr. Nazir Ahmed Khan v. Chairman Azad Kashmir Transport Authority 2007 SCR 392 (A)
The Provisional Transport Authority is authorised to allow any place for loading, unloading or halting of the motor vehicles on the application or with the consent of the owner of the land — This has to be done in consultation with District Magistrate — Authority is bound to consider the interest of general public, suitability of site, avoidance of nuisance etc. while allowing permission to use a place as stand under sub-rule(2) of rule 230 — The Provisional Authority shall be guided by opinion given by District Magistrate and Superintendent of Police — Permission for stand is subject to conditions laid down under rule 231. Sardar Nazir Ahmed Khan v. Chairman Azad Kashmir Transport Authority & 5 others 2007 SCR 392 (B)
Rule 242 — remedy of appeal — against order of Provincial Transport Authority — not against order of Estate Officer of Municipal Corporation or other authority — plea of existence of alternate remedy, not tenable — The other point that the appellant has got alternate remedy under Rule 242 of the Azad Jammu and Kashmir Motor Vehicles Rules, 1973, also does not find support from the statutory provisions for the simple reason that the order challenged in the writ petition is issued by the Estate Officer Municipal Corporation , Mirpur and not by the Provincial Transport Authority. Under Rule 242 of the Motor Vehicle Rules, 1973, the remedy of appeal is provided against the order of the Provincial Transport Authority and not against the order of Municipal Corporation or any other authority. Thus, on the points of laches and availability of alternate remedy, the conclusion drawn by the High Court in the impugned judgment is not correct. Raja Sultan Ali versus Sardar Abid Hussain & 4 others 2016 SCR 950 (C)