Lahore High Court here Tuesday extended the stay order till December 13 against the levy of fuel adjustment surcharge for the months of June to October on industrial consumers after a law officer sought time to file reply in this regard.
National Electric Power Regulatory Authority (Nepra) has issued a notification to impose surcharge on electricity bills and the court has already restrained respondent Nepra from recovering fuel adjustment surcharge or cutting of electricity connections for non payment of bills. The court passed these orders in 37 identical petitions filed by different industrial units.
The petitioners had submitted, through their counsel, that acting retrospectively, Nepra and Lesco are unlawfully recovering fuel adjustment surcharge since the past month. They said the notification issued by the respondents imposed huge amount in their bills unlawfully. They said proviso to S.31 (4) of the Regulation, Generation, Transmission and Distribution of Electric Power Act 1997 (Nepra Act 1997) was added in Nepra Act 1997 by amendment for imposing taxes and surcharges for the past months acting retrospectively which hitherto was not permitted under the law. They prayed to the court to set aside the back dated notification of 23.8. 2011 and cancel section S.31(4) of the Nepra Act, declaring the amendment in it unlawful and unconstitutional.