M. Hussain Khan

HYDERABAD, Sept 17: The Sindh High Court Hyderabad circuit bench here on Wednesday issued notices to the Chairman of Water and Power Development Authority (Wapda) and the Hyderabad Electricity Supply Company Chairman to appear before the court on October 15. The court issued the order on a petition filed by Sajid Bin Wajid challenging the raise in electricity tariff by Hesco.

The petitioner maintained that the respondent power supply company had not complied with the procedure laid down under the Article 154 of the Constitution of Pakistan whereby the matter was to be referred to the Council of Common Interest for which there was no excuse as all four provincial chief ministers, the prime minister and federal ministers were available to attend the meeting.

The petitioner said that for last few days the respondents made encroachments upon rights of millions of consumers and respondents were not treating petitioner and general public in accordance with law which is inalienable right of every citizen, guaranteed by the Constitution.

He said no person shall be compelled to do which the law doesn’t permit.

He said on August 31, 2008 respondents had announced an increase of 31 per cent in rates of electricity charges which he came to know through print and electronic media. He said people who consume 50 units would pay the same old rates.

He said that according to old bill calculations consumers who consumed up to 100 units would pay Rs2.474 per unit while those consuming 100-200 units would pay Rs3.371 per unit and those who consume over 200 units shall pay Rs6.50 of remaining units after crossing the 200 slab.

He said that respondents have decided to charge rates of highest slab i.e. Rs6.5 per unit. He accused respondents of defrauding consumers by using above tactics on the flimsy grounds that subsidy by federal government had been withdrawn.

He said subsidy granted by federal government to consumers was 14 per cent while electricity charges were raised up to 70 per cent which included 31 per cent on account of enhancement in electricity charges, charges of highest electricity consumed after 200 units (25 per cent unit) and subsidy of 14 per cent on account of its withdrawal.

He said the prime minister while addressing members of provincial assembly in Quetta on August 31, 2008 said that enhancement of rates of electricity was made under directives of the IMF and the World Bank and Asian Development Bank (ADB). He quoted Article 25 of the Constitution which guarantees “equal protection of law” to citizens.

He said respondents claimed that they were enhancing rates due to withdrawal of subsidy to consumers so that they may increase rates of electricity up to 14 per cent only.

He maintained that respondents had not properly applied their mind to consider proper and reasonable increase in rates of electricity.

He maintained that cause of action to file this petition arose on August 30, August 31 and September 1. He prayed the court to declare that respondents have failed to act in accordance with prescribed law to protect interest of consumers.

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