| Case ID |
67a8f8d9-7a60-4d9a-840c-738521cd70e0 |
| Body |
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| Case Number |
Writ Petition No.2131 of 2005 |
| Decision Date |
Apr 13, 2006 |
| Hearing Date |
Apr 13, 2006 |
| Decision |
The Lahore High Court ruled that the Federal Government is legally bound to notify the tariff determination made by the National Electric Power Regulatory Authority (NEPRA) after a review of the case. The court emphasized the importance of the Federal Government's obligation under the Regulation of Generation, Transmission and Distribution of Electric Power Act. The court rejected the objections raised regarding the locus standi of the petitioner, confirming that as a body of consumers, the petitioner had the right to challenge the inaction of the Federal Government regarding tariff notifications. The decision underscores the regulatory framework governing electric power tariffs and the necessity for timely governmental action in such determinations. |
| Summary |
This case revolves around the regulatory framework established under the Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997), which governs the tariff setting for electric power supply in Pakistan. The Pakistan Cotton Ginners Association challenged the Federal Government's inaction in notifying tariff determinations made by NEPRA. The Lahore High Court's decision clarifies that the Federal Government must act within a stipulated timeframe to notify such determinations, thereby ensuring consumer rights and regulatory compliance are upheld. The judgment highlights the role of NEPRA in regulating electric power tariffs and the legal recourse available to consumer associations in case of governmental delay. This case is pivotal for understanding the intersection of consumer rights, regulatory authority, and administrative law in Pakistan's energy sector. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Government,
NATIONAL ELECTRIC POWER REGULATORY AUTHORITY
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Malik Muhammad Rafiq Rajwana for Petitioner,
Ch. Saghir Ahmad, Standing Counsel for Pakistan,
Rashid Hafeez for Respondent No. 1,
Abdul Razzaq Raja for Respondent No. 4
|
| Petitioners |
PAKISTAN COTTON GINNERS ASSOCIATION (PCGA), MULTAN
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
Respondent No. 4,
NATIONAL ELECTRIC POWER REGULATORY AUTHORITY, ISLAMABAD
|
| Citations |
2006 SLD 2186 = 2006 CLC 1173
|
| Other Citations |
2005 YLR 774
|
| Laws Involved |
Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)
|
| Sections |
7(3)(a)(6),
31,
7
|