While adjudicating as many as 19 identical petitioners plea against exorbitant electricity tariff of Bahria Town Islamabad and Rawalpindi, Islamabad High Court directed Nepra to take measures in order to redress the grievances of the petitioners who are residents of various phases of the Bahria Town.
Advocate Supreme Court Umer Ijaz Gilani has filed the plea on behalf of Tahir Nihad and others making four respondents including National Electric Power Regulatory Authority (Nepra) through its Chairman, Islamabad Electric Supply Company (IESCO), through its CEO, Customer Support Center, Bahria Complex, Phase 8, Bahria Town, Rawalpindi 1 and Federation through Secretary Ministry of Energy (Petroleum Division) Islamabad.
Appearing before single member bench of IHC Justice Miangul Hassan Aurangzeb on June 12, Advocate Gilani apprised the court that petitioners are residents of a housing colony being administered by Bahria Town (Pvt.) Limited. He said that these petitioners have invoked the IHC jurisdiction against arbitrary rates of Bahria Town as they are being charged rates for the consumption of electricity which are far greater than charged by Islamabad Electric Supply Company (IESCO).
Advocate Gilani also informed the bench that as the result of a lengthy legal struggle waged by the residents of Bahria Town, Islamabad, on April 18, 2023, Nepra issued a direction to the IESCO to take over electricity distribution and billing from Bahria Town Pvt. Ltd. More than one year later, this directive has not been complied with. Both the NEPRA and the IESCO, who are persons performing sovereign functions, have a duty to protect the electricity consumers who reside in Bahria, including the Petitioners. They are failing in that duty, leaving the residents at the mercy of a private entity which is trying to extract the maximum amount of money.
He said, “Left with no alternative efficacious remedy, petitioners urge the Court to issue a writ of mandamus to the NEPRA and the IESCO directing them to ensure swift implementation of Nepra’s order dated 18.04.2023. He sought the court declaration to the effect that since the BTPL has no lawful authority to issue legally binding electricity bills, disconnecting electricity on the basis of such bills amounts to violation of fundamental rights.
The Court said in its written order, available with TLTP, “Learned counsel for the petitioners submitted that the disparity in the electricity bills issued by IESCO and Bahria Town is so much ; that the amount deposited against the electricity bills has become a source of revenue for Bahria Town that the petitioners have made representation to the Nepra but to no avail; and that the agitation of fundamental rights by the petitioners is being met with retaliatory measures by respondent No.3 (Bahria Town) inasmuch as the petitioners’ electricity meters are being disconnected. Prima facie, I am of the view that the Regulator / Nepra is to take measures in order to redress the grievances of the petitioners”.
After examining list of grievances of the petitioners who agitated the same through a letter of March 03, 2024 the court issued notices to all the respondents in the matter. The Judge directed Nepra saying, “The Regulator / Nepra is expected to afford an opportunity of a hearing to the petitioners and take such measures in accordance with the law as are necessary before the next date of hearing”.
It is pertinent to mention that the bench has directed the fixation branch to re-list hearing of the case for a date after two weeks.
