The Lahore High Court (LHC) on Wednesday has called for report from Wapda, Nepra and secretary power in a petition challenging charging 3 to 4 percent in the name of Nelum Jhelum Fund from domestic consumers and the 22.5 percent increase in the electricity rate also and directed them to file their replies till January 12, 2009.
A bar member Tariq Aziz Malik stated in his petition that the Wapda is charging 3 to 4 percent for its project called Nelam Jhelum Scheme for power generation and it is named as Nelum Jhelum Fund (NJF). He said it was illegal and unconstitutional act by the authorities to charge from the public the expenses for its schemes.
He also stated that he had found that the power tariff had been increased to the tune of 22.5 percent without any justification. He said these acts of the Wapda are unjust, illegal and unconstitutional.
He said under Section 24-A of the General Clauses Act no authority or the government officer before making a decision affecting any person should inform that person in writing and give reasons and provide copy to the affecting party. But in instant case this requirement of the law was not fulfilled and the Wapda at its own increased the power tariff.
He asserted that it was also violation of the Article 2-A of the Constitution, unfair and falls within the definition of economic injustice, which is repugnant to the Constitution. He stated that it is also violation of the Article 9 of the Constitution, which gives the right of life to every citizen, and such increase would make the common man's life miserable.
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