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The Lahore High Court on Thursday adjourned to December 22 the hearing in some identical petitions, challenging the tariff increase by National Electric Power Regulatory Authority (Nepra) and extended the stay against the tariff in question till next date of hearing.
Earlier the court asked the counsel of Faisalabad Electric Supply Company (Fesco) and Nepra to respond to the submission of the petitioners' counsel, but they sought more time to consider these important propositions.
Earlier, Barrister Syed Ali Zafar, arguing on behalf of All Pakistan Textile Mills Associations (APTMA), Ashiana Cotton Products and others, submitted that this was a unique case because the Fesco never filed a petition for increase in the tariff and yet the Nepra on its own, increased the tariff rates only on the ground that this would be consistent with other distribution companies (Discos).
The counsel argued that the order of Nepra was illegal because even if the Nepra could revise the tariff at its own, it still had to follow the principal of natural justice and hearing and had to deal with the objections of all stakeholders and consumers of the Fesco, which was not done in this case.
In fact, no notice was served on the consumers at all, he pointed out. He also argued that the tariff could not be increased on the ground of "for the sake of consistency with other Discos," but that each case had to be considered on merits, and the increase was only possible after considering all the standards and requirements specified under the Nepra Act on case-to-case basis.

Copyright Business Recorder, 2008

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