HYDERABAD, Nov 3: A division bench of the Sindh High Court, Hyderabad, directed Hesco to restore the power supply to Quetta Textile Mills (QTM), Kotri, as the disconnection was against canons of justice.

The bench comprised Justice Shabbir Ahmed and Justice Anwar Zaheer Jamali.

Hesco had served a notice upon the mills, wherein it objected to the generation and distribution of power supply to other industrial units without a valid license from Nepra.

It was pointed out in the notice that the installation of substandard and unauthorized 11 KW electric line for supply to other units in Hesco’s distribution area affected their supply and was in violation of safety devised under Electricity Rules 1937.

The petitioner was also threatened with disconnection of electric supply to their unit though it had been regularly paying the bills.

The petitioner claimed that on Sept 24, Hesco addressed a letter to the QTM stating that it must stop generation and distribution of electricity in seven days failing which supply of electricity would be disconnected by Hesco.

The petitioner said that the threat was without authority and illegal and brought the matter into the notice of Nepra on September 28 but it did not take any notice.

On September 29 Hesco again sent a letter to the mills saying that it failed to comply with the rules of Electricity Act 1910 and rules and again threatened to take action.

The petitioner told Hesco if any action was taken against the mill, its management would claim compensation for loss and damage suffered resultantly.

Hesco sent another letter to the QTM that it would disconnect the supply of electricity to it and electricity being supplied to other industrial units by the mills.

It was argued in the petition that the petitioner had done its business in accordance with law and with the consent of competent authorities.

The agreement between the petitioner and Sindh government was also available with the petitioner. It said that the petitioner had applied to Nepra for generation license and second tier supply authorization and this application was attached with the petition.

The lawyer contended before the court that Hesco had no lawful authority to issue threats. He said that Nepra had in a recently decided case clearly stated that a company did not have any lawful authority to disconnect the power supply lines of any consumer or of any generator or distributor of electric power.

He said that the applicable law was included in National Electric Power Regulatory Authority Act 1997 and Nepra was a lawful authority.

He said that Nepra’s refusal to expeditiously decide petitioner’s application for generation license and second tier supply authorization for over one year had prejudiced the petitioner keeping in view the fact that it was to be decided within 6 months.

He prayed the court to declare that Hesco had no power authority under applicable law to issue threats contained in the letter issued by the company and also restrain Hesco from taking any action against power supply to petitioner or other industries or power supply to any of its consumers.

The petitioner also prayed the court to declare that Nepra should decide the petitioner’s application for generation license and second tier supply authorization in 14 days.

Javed Bukhari advocate represented respondent Hesco and argued that respondent had the authority to disconnect electric supply, as the petitioner was supplying energy to other units.

The court heard the arguments and observed that admittedly Nepra was the regulating authority for generation and supply of electricity.

The court said that a letter was produced whereby respondent Hesco was directed not to disturb power supply to the industrial units which had applied for license before Nepra.

The court ruled that in such circumstances disconnection of electric supply to the petitioner’s unit by Hesco was against all canons of justice and therefore they were directed to restore the supply immediately.

The court directed the petitioner to pay the current bills regularly and in case of any trouble Hesco should take up the matter with Nepra and did not take any action by themselves.