Law: Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997

Section: 31(4),(5)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----Ss. 31(4) & (5)---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Equalization surcharge on electricity, levy of---Federal Government imposed equalization surcharge on electricity vide a notification, but subsequently said notification was withdrawn---Contention of Government that after withdrawal of the notification present constitutional petition became infructuous---Validity---Petitioners had not only challenged the imposition of equalization surcharge in the present petition but also prayed for refund of the amount already deducted on that account---Constitutional petition was held to be maintainable accordingly. (b) Constitution of Pakistan--- ----Art. 199---Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997), S. 31---Constitutional jurisdiction of the High Court---Scope---Electricity/energy---Production, supply and tariff of electricity---Interest of consumers, protection of---High Court, being custodian of the fundamental rights, could take judicial notice in order to have continuous supply of energy for present and future domestic and commercial needs in addition to maintaining the present sources of energy along with expansion of new sources of energy---Government and National Electric Power Regulatory Authority (NEPRA) while imposing levies and fixing rates of electricity, should strike a balance between the financial status of citizens of the country and the extent of national requirement for energy on the one hand and available resources for electricity on the other---Heavy duty laid upon the public functionaries, the executive as well as judiciary to see that a balance was struck in such a manner that the system flourished and continued progressing on the one hand and the interest of customers/citizens was ensured on the other. (c) Words and phrases--- ---"Tariff"---Meaning. K.J. Aiyar Judicial Dictionary, 16h Edn. 2014; Wharton's Law Lexicon, 14th Edn.; Black's Law Dictionary, 8th Edn.; Advanced Law Lexicon by P Ramanatha Aiyar's 4th Edn., Vols. 1 & 4; The Chambers…