HYDERABAD, Oct 31: A division bench of the Sindh High Court, Hyderabad circuit, on Tuesday directed parties to maintain status quo till November 7 in privatisation/leasing case of the Lakhra Power Plant and allowed time to petitioner’s counsel to file objections on the application of the general manager of the plant.
The plant’s general manager, Ashfaq Ahmed Leghari, filed the application under order 1 Rule 10 read with section 151 of the Civil Procedure Code to become intervener in a constitutional petition, filed by the zonal president and secretary of Zonal Labour Union, Lakhra Power House, challenging reported privatisation of the power house.
The court directed that the interim order asking to maintain status quo, passed on October 18, would continue till Nov 7.
The general manager was represented by Jhamatmal Jethanand, advocate, who filed a counter-affidavit, describing petition as misconceived.
He said that provision of Ordinance LII of 2000 Rules Regulation made there under and Article 153 and 154 of Constitution did not apply to leasing of project thermal power plant which was not being privatised hence there was no violation of law, rules or regulation.
He added that process of plant’s lease started in July 2003 for Rehabilitation Operation Maintenance and Management for 150 MW Fluidized Bed Combustion Coal-fired Lakhra Power Plant in transparent, legal and open manner and culminated in authorized lease to intervener on Sept 11, 2006.
“Since election generation of plant had been steadily declining and only one of its three units was working and since respondents - Chairman Wapda and Chief Executive Lakhra Power Generation Company Limited — had no funds to rehabilitate plant and were incurring losses with increasing trend hence leasing of the plant had become inevitable and was approved”, the general manager argued in the counter-affidavit.