Islamabad: Federal Constitutional Court (FCC) while issuing notice to NEPRA and other respondents on the petition filed by federation against high courts decisions regarding imposition of levy on private power plants has adjourned the hearing of the case.
Justice Amir Farooq has raised several questions saying levy notification related to March then levy cannot be received in the month of February.
A two members bench of FCC presided over by Chief Justice (CJ) Amin ud Din Khan took up the case for hearing Tuesday.
Justice Amir Farooq inquired the government levy notification was issued when. OGRA finalizes power generation cost of every power plant. Is tariff of all power plants same or separate.
Counsel for companies told the court NEPRA tariff is separate for every power plant. Levy notification relates to March. Then levy cannot be received for February. How levy was calculated, no documents were filed in this regard.
Justice Amir Farooq said ask from the Baboo who has made drafting that ” were the summary, drafting and other documents filed in high court. Documents are not before us. When a thing is not before us then you have come for what. The charge of February cannot be done in the notification of March. NEPRA has been made party.
Counsel for companies said no one has appeared on behalf of NEPRA.
Upon it the court issued notices to respondents and sought reply besides adjourning hearing of the case.
Government had resorted to FCC against decisions of Sindh High Court and Lahore High Court.