| Case ID |
e28ba5c4-2aae-4c3e-aff8-bc302646c442 |
| Body |
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| Case Number |
Intra-Court Appeals Nos. 848, 902, 908 to 923, 926 |
| Decision Date |
Dec 07, 1999 |
| Hearing Date |
Nov 24, 1999 |
| Decision |
The Lahore High Court ruled that the withdrawal of Tariff 'J' by WAPDA was without lawful authority and of no legal effect. The court emphasized that WAPDA, as a licensee under the Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997, lacked jurisdiction to unilaterally change tariffs without following the prescribed procedures. The court found that the petitioners had a valid constitutional basis for their claims regarding the jurisdictional overreach by WAPDA, and that the remedies suggested by the lower court were inadequate. The decision underlines the importance of adhering to statutory provisions and ensuring that any actions detrimental to individuals are subject to the principles of natural justice. |
| Summary |
This case illustrates the critical legal principles surrounding the jurisdiction of the Water and Power Development Authority (WAPDA) in relation to tariff adjustments under the Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997. The Lahore High Court's decision on December 7, 1999, emphasized that WAPDA, as a licensee, could not alter tariffs without following the established legal framework. The court found that the withdrawal of Tariff 'J' was executed without proper authority and due process, thus violating the rights of industrial consumers. The ruling reiterated the importance of legal compliance, the right to a fair hearing, and the need for regulatory bodies to operate within their legal boundaries. This case serves as a vital reference point for ongoing discussions about utility regulation and consumer rights in Pakistan, particularly in the energy sector, which continues to evolve amidst increasing demand and regulatory scrutiny. |
| Court |
Lahore High Court
|
| Entities Involved |
WAPDA,
GHAZI FABRICS INTERNATIONAL LIMITED
|
| Judges |
MALIK MUHAMMAD QAYYUM,
GHULAM MAHMOOD QURESHI
|
| Lawyers |
Salman Akram Raja,
M. Ilyas Khan
|
| Petitioners |
GHAZI FABRICS INTERNATIONAL LIMITED
|
| Respondents |
3 others,
WATER AND POWER DEVELOPMENT AUTHORITY
|
| Citations |
2000 SLD 2169,
2000 PLD 349
|
| Other Citations |
Attock Cement Pakistan Ltd. v. Collector of Customs and 4 others 1999 PTD 1892,
Gatron (Industries) Ltd. v. Government of Pakistan and others 1999 SCMR 1072,
Pakistan Tobacco Company Ltd. and another v. Federation of Pakistan and 3 others 1999 SCMR 382,
Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan and 2 others PLD 1972 SC 279,
Usmania Glass Sheet Factory Ltd., Chittagong v. Sales Tax Officer, Chittagong PLD 1971 SC 205
|
| Laws Involved |
Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
31,
39,
199
|