The Lahore High Court (LHC) while accepting the writ petition filed by All Pakistan Textile Mills Association (Aptma) set aside Nepra's electricity tariff determination and remanded the case to the National Electric Power Regulatory Authority (Nepra) for fresh revision of the tariff determination.
The various constitutional petitions had been filed through Barrister Syed Ali Zafar and Advocate Rashid Mehmood by All Pakistan Textile Mills Association (Aptma) and a large number of textile units located throughout Pakistan against various electricity distribution companies (Discos) such as Lesco, Pepco, Fesco, Mepco, Gepco and others. In these writ petitions Zafar had argued that the electricity tariffs determined by Nepra had been in violation of the Nepra Act, 1997 and Rules thereunder and had been determined without following the principles of natural justice and hearing and without dealing with objections of all stake-holders and consumers of the Discos.
He further submitted that Nepra is a judicial authority, which is subject to the writ jurisdiction of the High Court and in exercise of the powers of judicial review the High Court could set aside the orders passed by the Nepra if the same contravened the law. The counsel for the Discos and Nepra argued that the tariffs had never in the history of Pakistan been set aside and in this case the Nepra had followed the law in letter and spirit. The court after hearing all the parties at length had reserved its verdict, which was announced here on Friday.