Case ID |
2c25d12d-6b0e-4beb-ba8c-c13bc039f808 |
Body |
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Case Number |
W.P. No. 3858 of 2016 |
Decision Date |
Sep 06, 2017 |
Hearing Date |
Jun 09, 2017 |
Decision |
The Islamabad High Court ruled in favor of the petitioner, Fatima Energy Limited, allowing their constitutional petition against the National Electric Power Regulatory Authority (NEPRA). The court found that NEPRA's dismissal of the tariff petition was flawed as it failed to adhere to the National Policy for Power Co-Generation by Sugar Industry, which was applicable to the case. The court emphasized that NEPRA should have provided valid reasons for deviating from the policy and that the lack of justification led to the decision being arbitrary and discriminatory. Consequently, the court set aside NEPRA's impugned orders and remanded the tariff petition for re-evaluation in accordance with the law and existing guidelines. |
Summary |
In the case of Fatima Energy Limited vs. National Electric Power Regulatory Authority, the Islamabad High Court addressed significant issues regarding the judicial review of administrative actions under Article 199 of the Constitution of Pakistan. The petitioner, Fatima Energy Limited, challenged NEPRA's refusal to grant a tariff petition based on the National Policy for Power Co-Generation by Sugar Industry, arguing that the denial was arbitrary and discriminatory. The court examined the powers of NEPRA and found that while it had discretion in tariff determination, it was required to adhere to the guidelines set forth by the Federal Government. The ruling underscores the importance of regulatory bodies acting within the framework of established policies and the necessity for transparency and justification in decision-making processes. The case highlights key themes in energy regulation, administrative law, and the balance between regulatory authority and compliance with statutory guidelines. |
Court |
Islamabad High Court
|
Entities Involved |
National Electric Power Regulatory Authority,
Fatima Energy Limited
|
Judges |
AAMER FAROOQ
|
Lawyers |
Rashid Anwar,
Sikandar Bashir Mohmand,
Mustafa Sherpao
|
Petitioners |
FATIMA ENERGY LIMITED
|
Respondents |
ANOTHER,
NATIONAL ELECTRIC POWER REGULATORY AUTHORITY
|
Citations |
2018 SLD 235,
2018 CLC 13
|
Other Citations |
Makhdoom Muhammad Mukhtar v. Province of Punjab (PLD 2007 Lahore 61),
Muhammad Nawas Malik and others v. Government of the Punjab and others (PLD 2011 Lahore 160),
Union of India v. Anglo Afghan Agencies (AIR 1968 SC 718),
Collector of Central Excise and Land Customs and 3 others v. Azizuddin Industries Ltd. (PLD 1970 SC 439),
Nazir Ahmad v. Pakistan and 11 others (PLD 1970 SC 453),
Asian Food Industries Limited and others v. Pakistan and others (1985 SCMR 1753),
Regina v. North and East Devon Health Authority [2001] Q.B. 213,
Attorney General of Hong Kong v. Ng Yuen Shiu [1983] 2 AC 629,
Robertson v. Minister of Pensions [1949] 1 K.B. 227,
Messrs Gadoon Textile Mills and 814 others v. WAPDA and others (1997 SCMR 641),
Mr. Muhammad Jamil Asghar v. Improvement Trust Rawalpindi (PLD 1965 SC 698),
Pak Telecomm Mobile Limited v. Pakistan Telecommunication Authority, Islamabad (PLD 2014 SC 478),
Engineer Iqbal Zafar Jhagra and others v. Federation of Pakistan and others (PLD 2013 SC 224),
Alleged Corruption in Rental Power Plants etc. (2012 SCMR 773),
Constitution Petition No.127/2012 Begum Nusrat Ali Gonda v. Federation of Pakistan and others (PLD 2013 SC 829),
Union of India and others v. Hindustan Development Corpn and others (AIR 1994 SC 988),
Mian Nazir Sons Industries Ltd and another v. Government of Pakistan and others (1992 SCMR 883),
Lever Brothers Pakistan Ltd. and another v. Government of Punjab through Secretary, Health Department and others (PLD 2000 Lahore 01)
|
Laws Involved |
Constitution of Pakistan, 1973,
Regulation of Generation Transmission and Distribution of Electric Power Act, 1997
|
Sections |
199,
31,
7
|