| Citation(s) |
|---|
| 2013 SLG 709 2013 SLD 709 2013 CLC 571 |
Sindh High Court
C.M.As. Nos.3027 and 3055 of 2012 in Suit No.329 of 2012,3029 and 3057 of 2012 in Suit No.330 of 2012, in Suit No.359of 2012, decision dated: 17-04-2012
MUNIB AKHTAR, J
C.M.As. Nos.3027 and 3055 of 2012 in Suit No.329 of 2012,3029 and 3057 of 2012 in Suit No.330 of 2012, in Suit No.359of 2012, decision dated: 17-04-2012
MUNIB AKHTAR, J
MUHAMMAD HANIF and others--ApplicantsvsKARACHI ELECTRIC SUPPLY COMPANY LIMITED and another
Law: Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997
Section: 20,45,21
Law: Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997
Section: 20,45,21
Law: Electricity Act, 1910
Section: 20
(a) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)-------Ss. 20, 45 & 21---Consumer Service Manual, Chapters 8 & 14---Electricity Act (IX of 1910), S.20---Authority of Electricity Supply Company to disconnect supply of electricity to consumers if they use the sanctioned load for standby purposes or to obtain an undertaking from such consumers that they will utilize the sanctioned load up to a stipulated minimum---"Use" of the sanctioned load for standby purposes was just as much "use" as was "use" of the load in the normal course and "use" for standby purposes was not "non-use"---Scope and extent of Chapter 8 clause 8.1 of the Consumer Service Manual was broad enough to include a situation where the power supply from the licensee was being used for standby purposes---In a standby arrangement, the supply of electricity was required, though intermittently and sporadically as and when other power supply falters, fails or needs to be supplanted---Electricity Supply Company could only derive power to disconnect supply to a consumer who was using sanctioned load for standby purpose in clause 8.1 of the Chapter 8 of the Consumer Service Manual which required factual inquiry and called for a proper determination to be made specifically in such regard by the Electricity Supply Company and such determination would have to be a reasoned order---Electricity Supply Company also could not disconnect power supply without giving final notice envisaged in clause 14.10 of Chapter 14 of the Consumer Service Manual---Electricity Supply Company, in circumstances, was in breach of mandatory provisions of law, and principles of natural justice and therefore, the exercise or threat of disconnection was unlawful and improper. Standard Chartered Bank v. Karachi Electric Supply Corporation Limited PLD 2001 Kar. 344 ref. (b) Electricity Act (IX of 1910)--- ----S. 20---Power of Electricity Supply Company to disconnect electricity under provisions of section 20 of the Electricity Act, 1910---Scope stated. [p. 589] D (c) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----S. 45---Interpretation…
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