2013 PLP 1862 (MLD)

ATIR MAHMOOD, J.

This writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 challenges the disconnection of electricity connections of the petitioners by the respondents-MEPCO.

2. Learned counsel for the petitioners submits that the petitioners applied for electricity connections at their respective premises situated at Shadab Colony, Bahawalpur. After survey, demand notices were issued to the petitioners. The petitioners paid the demand notices. After completion of formalities, the electricity connections were approved and the meters were installed at the premises of the petitioners. Thereafter, the petitioners had been paying monthly bills issued by the respondents for some months. All of a sudden, on 9-4-2013, the respondents disconnected the electricity connections of the petitioners without issuing any prior notice. Learned counsel contends that this act of the respondents is against the law amounting to denial of their fundamental rights, therefore, this writ petition be allowed and the respondents be directed to immediately restore the electricity of the petitioners.

3. On the other hand, learned counsel for the respondents submits that the meters installed at the premises of the petitioners were illegal as these were installed at premises located in an unapproved scheme. He maintains that it is a policy of the MEPCO that no connection will be given to premises situated in unapproved housing schemes. He further submits that during the survey, the petitioners with mala fide intention showed the premises other than the premises where the meters were required to be installed and managed to get connections in this way, therefore, the meters were lawfully removed. He prays that this writ petition is without any merit, hence it be dismissed. In support of his contentions, he has relied upon the law laid down by the Hon'ble Supreme Court of Pakistan in Human Rights Case No.56878-P of 2010 cited at "PLD 2011 SC 163".

4. Arguments heard. Record perused.

5. When confronted with the question about the existence of "non-approved and illegal housing scheme" where the electricity connections of the petitioners were installed, learned counsel for the respondents has not been able to establish anything on record. It is admitted fact that the electricity connections were sanctioned by the competent authority after fulfilling all the codal formalities and the petitioners were enjoying the basic amenity of life, i.e. electricity, which was discontinued by the respondents without issuing any prior show cause notice. The notice dated 17-4-2013 clearly establishes that the electricity connections were disconnected and the meters were removed from the premises of the petitioners and deposited in the office of the respondents and then the notice dated 17-4-2013 was allegedly issued. The wording of the said notice is reproduced as under:--

6. It is crystal clear from the wording of the notice that no notice was issued by the respondents prior to disconnection of electricity supply rather the disconnection was made first and then the notice was issued. It is settled law that no one will be condemned unheard. If there was any illegality on the part of the petitioners, the respondents were under legal obligation to issue notice to the petitioners prior to taking any penal action against them. Disconnection of electricity supply, which is undeniably a basic amenity of life, by the respondents without issuing prior notice to the petitioners is illegal, unlawful and against the principle of natural justice, i.e. audi alteram partem which says that anybody against whom some allegation is levelled and likely to be penalized on this account will be intimated before initiating any such proceedings so as to enable him to defend himself in accordance with law. Without adopting such procedure, no penal action will be deemed to be valid and lawful. In this regard, the petitioners were unlawfully deprived from their fundamental rights guaranteed under the Constitution of Islamic Republic of Pakistan, 1973. I am guided by the principles laid down in case titled "Haji Muhammad Latif v. Chief Executive GEPCO, Gujranwala and 3 others (PLJ 2012 Lahore 751 (DB)". Relevant para of the said judgment is reproduced as under:-- "

8. According to Article 9 of the Constitution of Islamic Republic of Pakistan, 1973 no person can be deprived of his life save in accordance with law. The expression "life" does not mean physical existence but it means enjoyment of all facilities which enable a person to lead a life in a graceful and dignified manner. Electricity is a basic necessity of life and in this age of science and technology no one can lead a conducive life and play effective role in the society without electricity. The denial of electricity connection to the appellant is a violation of fundamental right and the respondents have failed to furnish any reasonable explanation for not providing electricity connection to the appellant."

7. With utmost respect to the Hon'ble Supreme Court of Pakistan, the case-law cited by learned counsel for the respondents cited at PLD 2011 SC 163 is not applicable to the present case as the petitioners in this case are not seeking connections in an un-approved housing society but asserting their right of continuation of electricity supply at their premises which was duly approved by the competent authority and not located in any unapproved housing scheme.

8. In view of the above, this writ petition is allowed and the respondents are directed to restore the electricity connections of the petitioners forthwith. However, if there is any illegality committed by the petitioners, the respondents may proceed against the petitioners after having them issued a prior notice, strictly in accordance with law. SAK/M-199/L Petition accepted.