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2d3b9d7e-8b29-4273-b9e8-0b138fc9df50 |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
By this common judgment we intend to dispose of the above appeals and the petitions for leave to appeal. The aforesaid appeals and petitions for leave have arisen out of judgment dated 2-10-1995 of a Division Bench of Peshawar High Court, Peshawar, rendered in Writ Petition No. 255 of 1995 and 104 connected writ petitions, filed inter alia by some of the appellants/petitioners impugning the levy of surcharge and additional surcharge and the withdrawal of concession of 50% electricity charges in respect of certain industries situate in Gadoon Amazai Industrial Estate, Swabi, hereinafter referred to as G.A.I.E., by WAPDA (which is one of the respondents), and the judgment dated 19-12-1995 passed by a Division Bench of Lahore High Court in Writ Petition No. 14612 of 1995 and 1439 connected writ petitions, filed inter alia by some of the above appellants and the petitioners challenging the levy of surcharge and additional surcharge, dismissing the same. |
| Summary |
The Supreme Court of Pakistan reviewed multiple civil appeals and petitions arising from decisions by the Peshawar and Lahore High Courts concerning the actions of the West Pakistan Water and Power Development Authority (WAPDA). The core issues revolved around WAPDA's authority to levy surcharge and additional surcharge on electricity consumption, as well as the withdrawal of a 50% concession on electricity charges for certain industries located in the Gadoon Amazai Industrial Estate, Swabi (G.A.I.E.). The case extensively analyzed the provisions of the West Pakistan Water and Power Development Authority Act of 1958, specifically sections related to WAPDA's tariff-setting powers under S.25(2). The Constitution of Pakistan (1973) was also a focal point, particularly Articles 97, 137, 154, and 161, which delineate the executive authority of the Federation and Provinces, the role of the Council of Common Interests (CCI), and the legislative competences regarding water and power. The Court examined whether WAPDA's surcharge policies were within the legal framework and if they adhered to the constitutional mandates ensuring reasonable classification and non-arbitrariness in tariff determination. Additionally, the role of the CCI in formulating and regulating policies for WAPDA was scrutinized to ensure compliance with established procedures and financial discipline. The judgment reinforced WAPDA's authority to set and adjust tariffs, provided these actions remained within the guidelines prescribed by law and the Constitution. It emphasized the necessity for transparency, fairness, and adherence to legal parameters in the exercise of discretionary powers by public authorities. The Supreme Court ultimately dismissed the appeals and petitions, upholding WAPDA's tariff policies and their implementation within the provided legal and constitutional frameworks. This decision underscores the judiciary's role in balancing administrative discretion with constitutional safeguards to ensure equitable and lawful governance of public utilities. |
| Court |
Supreme Court of Pakistan
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| Entities Involved |
WAPDA,
Federal Government,
National Assembly,
West Pakistan Water and Power Development Authority,
Provincial Assembly,
Council of Common Interests,
Messrs GADOON TEXTILE MILLS,
Standing Power Rates Advisory Board
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| Judges |
AJMAL MIAN,
SALEEM AKHTAR,
ZIA MAHMOOD MIRZA,
FAZAL KARIM,
MUKHTAR AHMED, JUNEJO, JJ
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| Lawyers |
Abdul Latif Yousafzai,
Hussain Khan,
M.A. Zaidi,
Rana M.A. Qadri,
Shahzad Akbar,
Jamil Khan,
Muhammad Sardar Khan,
M. Daud Khan,
Ch. Mehdi Khan Mehtab,
Rana Abdur Rahim Khan,
Tanvir Ahmad,
Ch. Muhammad Aslam,
Muhammad Sultan Khan,
Sh. Hamid Mukhtar,
Imtiaz Muhammad Khan,
S. Abul Aasim Jafari,
Muhammad Zahoor Qureshi,
Muhammad Zafar Chaudhry,
Iftikhar Ahmad Dar
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| Petitioners |
Messrs GADOON TEXTILE MILLS,
14 others
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| Respondents |
WAPDA,
others
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| Citations |
1997 SLD 653,
1997 SCMR 641
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| Other Citations |
Khalid Malik and others v. Federation of Pakistan and others PLD 1991 Kar. 1,
Khawaja Ahmad Tariq Rahim v. The Federation of Pakistan through Secretary, Ministry of Law and Parliamentary Affairs, Islamabad and another PLD 1992 SC 646,
Ghulam Rasool v. Muhammad Hayat PLD 1984 SC 385,
Black's Law Dictionary, Sixth Edn.,
Federation of Pakistan v. United Sugar Mills Ltd. PLD 1977 SC 397,
Miam Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473,
Saleem Akhtar, J.,
Fazal Karim, J.,
Attorney-General v. Great Eastern Railway Co. 5 App. Cas. 473,
Stone v. Farmers Loan and Trust Co. 116 US 307,
Milwaukee Electric Railway and Light Company v. Railroad Commission of Wisconsin 238 US 174,
Pakistan Burmah Shall Ltd. v. Central Labour Commissioner and others PLD 1982 Kar. 33,
Karachi Electric Supply Corporation Ltd. v. National Industrial Relations Commission PLD 1982 SC 113,
General Manager, Heavy Mechanical Complex, Taxila v. Mamoon A. Kazi, Senior Member, National Industrial Relations Commission, Islamabad PLD 1977 Lah. 998,
Karachi Electric Supply Corporation Ltd. v. National Industrial Relations Commission (NIRC) and another 1980 PLC 196,
Sujatha Tairing Talkies and others v. State of Karnataka AIR 1986 Karnataka 21,
Gul Naras Khan v. Governor, N.-W.F.P. through Chief Secretary PLD 1981 Pesh. 87,
Corporation of City of Nagpur v. Ramchandra G. Modak and others AIR 1984 SC 626,
Shamrao Vilthal Cooperative Bank Ltd. v. Kasargode Pandurange Mallya AIR 1972 SC 1248,
Bharat Bhushan v. Cinema & City Magistrate AIR 1956 All. 99,
Chambers' 20th Century Dictionary,
New Webster's Dictionary, 1986 Edn.,
Legal Thesaurus by William C. Burton,
Wharton's Law Lexicon,
General Manager, Heavy Mechanical Complex, Taxila v. Mamoon A. Kazi PLD 1977 Lah. 998,
Balentine's Law Dictionary, 3rd Edn.,
Black's Law Dictionary, Fourth Edn.,
Iyer's Judicial Dictionary, 10th Edn.,
K.J. Aiyar's Judicial Dictionary Tenth Edn.,
Doubleday Roget's Thesaurus in Dictionary Form Revised Edn.,
New Webster Encyclopaedic Dictionary of the English Language,
Hazell v. Hammersmith (1992) 2 AC 1,
Reg. v. Richmond L.B.C. Ex.p McCarthy & Stone (1992) 2 AC 48,
M.S. Army Welfare Sugar Mills Ltd. and others v. Federation of Pakistan and others 1992 SCMR 1652,
Council of Civil Service Unions and others v. Minister for the Civil Service (1984) 3 All ER 935,
R v. Secretary of State for the Home Department (1985) 1 All ER 40
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| Laws Involved |
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Constitution of Pakistan (1973),
National Electric Power Regulatory Authority Ordinance (XXVIII of 1996),
Province of West Pakistan (Dissolution) Order (P.O. 1 of 1970),
Electricity Act (IX of 1910),
Local Authorities Loans Act (IX of 1914)
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| Sections |
S.12,
S.25(2),
S.13(1),
S.8(2)(ii),
S.25(1),
Art. 97,
Art. 137,
Art. 268(3),
Art. 70, Fourth Schedule, Federal Legislative List, Part II, Item No.3,
Art. 154,
Art. 157,
Art. 25,
Art. 184(1),
Ss. 26 & 31,
Art. 12,
S.35,
Preamble
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