Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Application for installation of electricity connection--Rejected--Decision of board of directors--Fundamental right--Discrimination--Challenge to--FESCO has installed transformers and electricity lines/poles in society--By virtue of notification issued by National Electric Power Regulatory Authority (NEPRA) which lays down eligibility criteria for a non-discriminatory provision of distribution service and sale of Electric power to all consumers within service territory of a distribution company, action of FESCO is not sustainable--Clause 3 of said notification grants an unabridged right to a consumer to be supply with electric power if he falls within service territory of a licensee--FESCO is obliged to supply electric power to petitioner and that FESCO is furthermore required to do it at its own costs--Residents of society have already been provided electric connection and as such petitioner has a right to be provided electric power by FESCO--Petition was allowed. THIS ORDER PASSED BY: SHAMS MEHMOOD MIRZA, JUSTICE---.--- This writ petition seeks to challenge the decision of the Board of Director of Faisalabad Electric Supply Company Limited (FESCO) regarding the electrification of housing colonies whose sponsors have fled away. 2. Facts of the case are that the petitioner is owner in possession of a house situated in Mian Farooq Colony Road, Khayaban-e-Khalid, Sargodha which consists of 40 Kanal and 60 residential plots. It is stated that out of 40 constructed houses, approximately 30 houses have been provided the electricity connection by FESCO. The application for installation of electricity connection, filed by the petitioners on 23.08.2016 was, however, not entertained on account of the decision of the Board of Directors, FESCO held on 19.01.2016. 3. According to the decision taken by the Board of Directors in cases of sponsors of housing colonies who have fled away, "Electric connection in Housing Colony shall only be given according to SOP for electrification of complete colony". 4. FESCO has filed its parawise comments in which the stance of the petitioner has been controverted. 5.…

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