| Citation(s) |
|---|
| 1999 SLG 305 1999 SLD 305 1999 SCMR 494 |
Supreme Court of Pakistan
Civil Appeals Nos. 1532. 1539, 1538, 1541 to 1561 of 1995,decision dated: 11-12-1998, hearing DATE : 25-11-1998
AJMAL MIAN, CJ, MUNAWAR AHMED MIRZA AND SH. RIAZ AHMED, JJ
Muhammad Ilyas, Advocate Supreme Court and Ch. M.Z. Khalil, Advocate-on-Record (absent) for Appellants. Mian Ashiq Hussain, Advocate Supreme Court for
Respondent (in C.As. Nos. 1538, 1543, 1545 and 1558 of 1995). Nemo for the Remaining
Respondents
Civil Appeals Nos. 1532. 1539, 1538, 1541 to 1561 of 1995,decision dated: 11-12-1998, hearing DATE : 25-11-1998
AJMAL MIAN, CJ, MUNAWAR AHMED MIRZA AND SH. RIAZ AHMED, JJ
Muhammad Ilyas, Advocate Supreme Court and Ch. M.Z. Khalil, Advocate-on-Record (absent) for Appellants. Mian Ashiq Hussain, Advocate Supreme Court for
Respondent (in C.As. Nos. 1538, 1543, 1545 and 1558 of 1995). Nemo for the Remaining
Respondents
WATER AND POWER DEVELOPMENT AUTHORITY and anothervsM.N. STEEL REROLLING MILLS and 23 others
Law:
Section:
(On appeal from the of the Lahore High Court, Lahore, dated 20-9-1993 passed in Writ Petitions Nos.2003/91, 1518/92, 1542/92, 3666/92, 1217/93, 2005/91, 9814/91, 2004/11362/923, 10215/91, 10216/91, 11367/92, 11359/92, 1243/93, 1218/93, 4553/92, 3429/93, 11145/92, 1989/93, 1593/93., 692/92, 6931/93, 2799/94 and 1542/92). (a) Electricity Act (IX of 1910)--Sched., cl. (XI-A)---West Pakistan Water and Power Development Authority Act (XXXI of 1958), Ss. 12, 13 & 25---Constitution of Pakistan (1973), Art. 185(3)---Right of WAPDA to claim fixed charges and for the period when electricity was not supplied due to loadshedding---While relying on the definition of terms "fixed charges", "billing demand" and "reservation of power" it was contended that WAPDA had the right to claim fixed charges and even for the period when electricity was not supplied due to loadshedding; that same High Court had delivered a taking a completely different view from the one expressed in the impugned of that Court and Constitutional petition was dismissed and that there was, thus, a conflict of decision in the of High Court---Leave to appeal was granted by Supreme Court to resolve the conflict by an authentic . (b) Electricity Act (IX of 1910)--- ----Sched., cl. (XI-A)---West Pakistan Water and Power Development Authority Act,(XXXI of 1958), Ss. 12, 13 & 25---Entitlement of WAPDA to claim from the consumers charges for supplying energy, notwithstanding whether electricity had been actually utilized during the period for which "minimum charges" were payable---Term "billing demand" specifically displayed method of computing "fixed charges" whereas "reservation of power" suggested the object for assessing "fixed charges" ---WAPDA was impliedly obligated to ensure availability of power energy for utilization by industrial units to the extent of "maximum demand" from sanctioned load so that "billing demand" could be raised---Object of "reservation of power" subject to cls. (15) & (16) of Abridged Conditions of the Contract entitled WAPDA for "minimum fixed charges" besides payment of actual consumption of energy---Availability of energy or reservation of power had no nexus with the…
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