2004 PLP 1275 (YLR)

The petitioner has challenged the vires of the impugned bills through which the respondents demanded aquifer and sewerage charges from petitioner.

2. The learned counsel of the petitioner submits that the respondents have no lawful authority to levy the aquifer charges under the provisions of law and the law laid down by the Division Bench of this Court and the Honourable Supreme Court in the following judgments:-- Seven-Up Bottling Company v. L.D.A. and others 2003 CLC 513 and L.D.A. and others v. Seven Up Bottling 2003 SCMR 1742. He further submits that the respondents have no lawful authority to impose the said charges without issuing notice to the petitioner, therefore, impugned bills are without lawful authority.

2. The learned counsel of the respondents submits that the judgments cited by the learned counsel of the petitioner are distinguished on facts and law, as the Division Bench of this Court has decided the cases keeping in view sections 28 and 29 of Lahore Development Authority Act, 1975; whereas the respondents have lawful authority to impose the same under the provisions of Development of Cities Act, 1976.

3. The learned counsel of the petitioner in rebuttal submits that the provisions of Development of Cities Act, 1976 are para materia to the sections 28 and 29.

4. Be that as it may, the respondents sent the said bills to the petitioner without passing any order by the competent authority under the provisions of aforesaid law, therefore, the same are not sustainable in the eye of law as per principle laid down by the Honourable Supreme Court in the following judgments:-- Pakistan and others v. Public-at large PLD 1987 SC 304; University of Dacca v. Zakir Ahmad PLD 1965 SC 90 and Pakistan Chrome Mines v. Enquiry, Officer 1983 SCMR 1208. In this view of the matter, the petitioner is directed to appear before the Managing Director, WASA, Faisalabad Development Authority in his office at 11-00 a.m. on 21-1-2004, who is directed to pass an appropriate order strictly in accordance with law preferably within two months after receiving the order of this Court, either himself or send the same to competent authority for its decision, who is also directed to pass an appropriate order strictly in accordance with law till 21-3-2004 in the terms of aforesaid direction of this Court. He is further directed to submit his report to the Deputy Registrar (J) of this Court within stipulated period. The respondents are restrained to take any action against the petitioner till the aforesaid date.

5. The learned counsel of the petitioner is directed to hand over copy of writ petition alongwith all the annexures to Mr. Ali Akbar Qureshi, Advocate/Legal Advisor of the respondents (F.D.A.), who is directed to send the same to M.D., WASA, Faisalabad Development Authority for necessary action and compliance. With these observations, the writ petition is disposed of. M.A.W./C-4/L Order accordingly.