| Citation(s) |
|---|
| 2003 SLG 718 2003 SLD 718 2003 SCMR 1752 |
Supreme Court of Pakistan
Civil Petitions Nos.4015-L to 4018-L, 4086-L, 4118-L, 4131-L to 4135-L, 4151-L, 4152-L, 4161-L, 4189-L and 4228-L of 2002, decision dated: 10-02-2003
MUNIR A. SHEIKH AND FALAK SHER, JJ
Sh. Abdul Marian, Advocate Supreme Court for Petitioners (in Civil Petitions Nos.4015-L to 4018-L and 4086-L of 2002) Mian Nisar Ahmad; Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Record for Petitioners (in Civil Petition No. 4131-L of 200
Civil Petitions Nos.4015-L to 4018-L, 4086-L, 4118-L, 4131-L to 4135-L, 4151-L, 4152-L, 4161-L, 4189-L and 4228-L of 2002, decision dated: 10-02-2003
MUNIR A. SHEIKH AND FALAK SHER, JJ
Sh. Abdul Marian, Advocate Supreme Court for Petitioners (in Civil Petitions Nos.4015-L to 4018-L and 4086-L of 2002) Mian Nisar Ahmad; Advocate Supreme Court and Muhammad Aslam Ch., Advocate-on-Record for Petitioners (in Civil Petition No. 4131-L of 200
WATER AND SANITATION AGENCY (WASA) and OTHERS
VS
Mian TAHIR JEHANGIR and others
Law:
Section:
Lahore Development Authority Act (XXX of 1975)--- ----S.28---Constitution of Pakistan (1973), Art.185(3)---Additional sewerage fee, levy of---Industrial or commercial establishments--Grievance of the -Petitioners was that the Lahore Development Authority had levied additional sewerage fee whereas they had already been paying such fee alongwith property tax---Validity---Payment of normal sewerage fee alongwith property tax was not a bar against charging of additional sewerage fee from commercial and industrial concerns on account of additional load which the sewerage system had to bear because of abnormal activities and pressure of water---No exception could be taken legally that the payment of sewerage fee alongwith property tax was a bar to charge additional sewerage fee ---Levy of sewerage fee was expressly permitted under S.28 of Lahore Development Authority Act, 1975, and the same could not be termed as tax---Levy of additional sewerage fee was in accordance with law---Judgment passed by High Court in exercise of Constitutional jurisdiction did not suffer from any legal infirmity---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J. ---By this common judgment, we propose to decide the titled petitions involving identical questions of law and facts. 2. These petitions are directed against the common judgment dated 12-9-2002 of the Lahore High Court, Lahore passed in Constitutional petitions filed by the -Petitioners through which the same have been partly dismissed qua levy of sewerage fee. 3. The power of the Lahore Development Authority (LDA) regarding raising of funds and levy of fees, etc. is governed by section 28 of the Lahore Development Authority Act, 1975 which is reproduced below in extenso for facility of ready reference:-- "28. Rates and fees.---(1) With the previous consent of the Government adequate funds may be raised by the Authority from time to time to meet the costs of its schemes by imposing rates, fees and other charges. (2) The rates, fees and other charges shall be such as to provide sufficient revenues-- (i) to cover the operating expenses including taxes, if any, an interest to provide adequate maintenance and depreciation;…
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