2013 CLC 141 (PLP)
Messrs KARACHI STEEL MILLS and others — Petitioners Versus WAPDA and others — Respondents
| Citation | 2013 CLC 141 (PLP) |
| Forum / Court | Islamabad |
| Bench Members | N/A |
| Parties | Messrs KARACHI STEEL MILLS and others — Petitioners Versus WAPDA and others — Respondents |
| Primary Law | (b) Constitution of Pakistan, (a) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997) |
Q1: What are the key laws and sections cited in 2013 CLC 141 (PLP)?
This judgment primarily cites: (b) Constitution of Pakistan, (a) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 CLC 141 (PLP)?
The case was heard and decided by the Islamabad bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 CLC 141 (PLP) (Messrs KARACHI STEEL MILLS and others — Petitioners Versus WAPDA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Qamar Afzal, Mian Mehmood Rashid, Babar Ilyas Chatha, Nabeel Rehman, Syed Ishfaq Hussain Naqvi, Ms. Zainab Effendi, Ms. Rehana Zaman, Rao Hamid Rehman, Niazullah Khan Niazi, Ms. Mehraj Tareen, Kh. Manzoor Ahmed, Shahzad Rabbani, Barrister Momin Ali Khan, Bilal Akbar Tarrar, Faqir Hussain Majrooh, Muhammad Akram Naveed, A. Salam Qureshi, Tariq Mehmood, Muhammad Siddique Mughal, M. Anum Salim, Ch. M. Tahir Mehmood, Ch. Muhammad Abdul Latif Gujar, Arif Mehmood, Jawed Mehmood Pasha, M. Rehan Sameer, M. Waseem Chaudhry, Rana Ali Akbar Khan, Muhammad Nawaz, Ghulam Farid Chaudhry, Mushtaq Ahmed Kamboh, Muhammad Rehan Sarwar, Malik Mumtaz Hussain Khokhar, Muhammad Siddique Qazi, Muhammad Waqas Malik, Mian Muhammad Hussain Chotiya, Zulqarnain Hamid and Ch. Mumtaz-ul-Hassan for Petitioners in their respective petitions.
Headnotes / Summary
Ss. 7(6) & 31(2)
Constitution of Pakistan, Art.199
Constitutional petition
Powers and functions of Regulatory Authority
Scope
Protection of interest of consumers
Scope
Levy and demand of such charges in electricity bills as arrears with retrospective effect
Electric Power Regulatory Authority was under a statutory obligation to protect the interest of consumers as well, instead of allowing the power distribution companies to raise demand of Fuel Adjustment Charges in a mechanical fashion
Scope and levy of Fuel Adjustment Charges could not be expanded and had to remain within the variations in the prices of fuel
High Court declared levy and demand of Fuel Adjustment Charges as arrears with retrospective effect as unconstitutional and against the applicable law and principles of natural justice
Power distribution companies were directed to issue amended bills and in case consumers had already paid the bills in question, then to adjust excessive amount received accordingly in the bills of coming months
Constitutional petition was allowed accordingly.
Arts. 3 & 199
Constitutional petition
Arbitrary exercise of authority
Scope
Constitution did not permit exploitation of any kind or form, therefore, it casted a duty upon the High Court to protect any person from being exploited and to shield the socio-economic fibre of the country from being disrupted at the hands of executive functionaries
Consumers/citizens could not be left at the mercy of bodies, which were in an advantageous position
Arbitrary exercise of authority, mala fide actions and illegal demands were always checked by Superior Courts
Constitutional petition was allowed.
Judgment & Decree
SHAUKAT AZIZ SIDDIQUI, J.
For the reasons, to be recorded later on, all above captioned writ petitions are allowed through instant single order, to the following effect: (i) It is declared that Regulatory Authority is under statutory obligation to protect the interest of consumer as well, instead of allowing the distributors to raise demand of FAC in a mechanical fashion. The Constitution of the Islamic Republic of Pakistan does not permit exploitation of any kind or form, therefore, it casts duty upon the High Court to protect any person from being exploited and to provide shield to the Socio-Economic fibre of the country, from being disrupted at the hands of executive functionaries. The consumers/citizens cannot be left at the mercy of bodies at advantageous position, as arbitrary exercise of authority, mala fide actions and illegal demands have always been checked by the superior Courts. (ii) Levy and demand of Fuel Adjustment Charges as arrears with retrospective effect is declared as unconstitutional, besides the law applicable principles of natural justice and dictums laid down by the superior courts of the country. (iii) The scope of levy/demand of Fuel Adjustment Charges cannot be expanded and has to remain within the variations in the prices of fuel. (iv) The distributors of electricity are directed to issue amended bills and in case consumers had already paid the bills, excessive amount received be adjusted accordingly, which has to be reflected in the bills of coming month. All persons/consumers whether before this Court, or not, must be treated equally. MWA/156/Isl. Petition allowed.