Lahore: Lahore High Court (LHC) has declared illegal the process of disconnecting domestic electricity connection to recover arrears against industrial connection. Justice Jawad Hassan of LHC while wrapping up the petition during its hearing filed by Ghazi Khan brother of Haroon Akhtar Khan advisor to Prime Minister ordered the respective authorities to provide opportunity of proper hearing to all respondents particularly petitioner considering the petition representation besides issuing order based on reasons as per law. The court ordered to wrap up the matter within two weeks.
The petitioner took the plea his domestic electricity connection is separate. His own meter , reference no, billing record and date for payment is available while these alleged arrears relate to separate industrial connection of M/S Superior Taxtile Mills limited.
According to counsel the petitioner is paying his domestic connection related bills regularly. Therefore, alleged arrears of industrial connection cannot be imposed on his domestic connection. Fulfilling legal requirements and issuing respective notice is essential before disconnecting electricity supply under section 24 of electricity act-1910.
Neither any outstanding amount stands against his domestic connection nor has any legal notice been issued to him for disconnecting his power supply. Citing to different court's decisions, the counsel for the petitioner took the plea the electricity connection on an other place cannot be disconnected for recovery of arrears from separate consumers. No matter both of the connections relate to the same and one person.
The counsel took the plea disconnecting power supply without notice and legal procedure is illegal. No action can be taken against electricity meter without hearing the citizen.
According to the petitioner the outstanding dues in respect of industrial connection too are disputed. Proceedings in this regard on proper forum is underway. Therefore, forced action against separate domestic connection cannot be carried out considering them final or accepted dues.
According to the counsel threatening for disconnecting domestic connection for sake of recovery of industrial dues is tantamount to illegal and misuse of powers.
Justice Jawad Hassan maintained that on the plea of the petitioner, it is proper to give chance to the respective authorities to see the matter again.
The court while sending petition and the documents attached with it to respective respondent No 2 directed to make decision as per law considering it representation of the petitioner besides keeping in view the court's decisions.
The court restrained the respective authorities from taking any forced action against the petitioner on interim basis. This restriction will stay till the decision on the representation of the petitioner.
The court wrapped up the petition and directed to provide copy of the order to the petitioner on the payment of routine fee.