MUHAMMAD KHALID MEHMOOD KHAN, J. --Through this Constitutional petition the petitioner has assailed the legality of notification dated 23.8.2011 issued by respondent No. 2, whereby fuel adjustment surcharge of the month of April and May, 2011 has been added in petitioner's current bill.
2. Learned counsel for the petitioner submits that under Section 31(4), Proviso (II) NEPRA authorities can only revise, review and approve the tariff on account of any variation in fuel charges on monthly basis. The Statute Regulation, Generation, Transmission and Distribution of Electricity Power Act, 1997 does not provide any powers to authority for imposing fuel adjustment charges for the past months.
3. Learned counsel for petitioner further submits that Proviso added in Section 31(4) of the Act ibid is ultra vires to the constitution and is liable to be struck down.
4. Learned counsel for petitioner submits that fuel adjustment charges are in fact the price of theft which certain consumers and even the power project owners/suppliers are committing. NEPRA has not discussed the data provided by CPPA while arriving the rates of fuel adjustment charges. He submits that proceedings shown to be conduced by the authority on 14.6.2011 are illusory. No notice was ever issued to the consumers. He has relied on /CC Textiles Limited through Authorized Representative and 31 others v. Water and Power Development Authority (WAPDA), WAPDA House, Lahore through Chairman and 15 others (2009 CLC 1343) and submits that NEPRA is custodian of the rights of consumers and before imposing fuel adjustment charges. It was the duty of authority to inspect the date if provided by the CPPA thoroughly. He further submits that no finding has been given about the capacity of power project units which are the providers of energy to the distribution companies. Impugned Notification has been issued by accepting the CPPA's recommendations as gospel truth.
5. Points raised need consideration. Admit. Notice.
6. Learned Law Officers of respondents accepts notice on behalf of respondents Nos. 1 & 2. Office will issue notice to remaining respondents.
C.M. No. 1/2011 7. Dispensation sought for is allowed subject to all just and legal exceptions. C.M.
Stands disposed of accordingly.
C.M. No. 2/2011
8. Subject to notice for 10.11.2011, recovery of fuel adjustment charges for the months of April and May, 2011 are suspended till the next date of hearing.
9. Office will fix this petition after service of respondents.