The Lahore High Court (LHC) adjourned to October 07 the proceedings in some identical petitions challenging increased in electricity tariff as the law officer failed to appear before the court. The court, however, allowed the government to issue increased electricity tariff notification to the extent of petitioner but the same would not be implemented till the court asks to do so.
The court is hearing various petitions filed by Aptama and industrial units challenging the increase in tariff for consumers. The LHC had already restrained National Electric Power Regulatory Authority (Nepra) and electric distribution companies from implementing the increased tariff in respect of Lesco, Fesco, Jepco and Mepco. The petitioners through their counsel Mian Mahmood Rashid and others pleaded that Nepra determined the tariff on February 23, 2007 and made industrial consumers to pay substantially higher rate of electricity. But despite enduring sufferings, Aptma started making payment in the best national interest.
However, just after 13 days of passing of tariff, the electric distribution companies like Lahore Electricity Supply Company (Lesco), Faisalabad Electricity Supply Company (Fesco), Gujranwala Electricity Power Company (Gepco) and Multan Electricity Power Company (Mepco) filed a review petition before Nepra.
The petitioners said the Nepra did not have the review powers under the law but it proceeded with and accepted their review petitions without giving nay notice to petitioners or their parent association Aptama. The petitioners argued that with acceptance of review petitions on January 10, 2008 the tariff was hugely enhanced to the greatest disadvantage clearing violating the principle "no one should be condemned unheard".
They pointed out that just one month after that increase, Nepra again made a decision on February 12, 2008 and further increased the electricity tariff while acting under self-regulated and automatic mechanism called biannual adjustment. Seven moths later the Nepra further enhanced the tariff on August 22, 2008. They argued that Nepra had violated the court's order by making final determination of electricity tariff because LHC had granted stay in a similar case against Lesco. They said their cases were at par with Lesco. They further argued that review order of January 10, 2008 was illegal.