ISLAMABAD: Though belated, the collection of Neelum Jhelum surcharge from electricity consumers has been challenged in the Islamabad High Court (IHC).

The government through a notification on January 4, 2008 imposed the NJS on the electricity consumers till December 31, 2015.

Imdad Hussain, an electricity consumer filed the petition through his counsel Yasir Chaudhry.

The petitioner contended that the National Electric Power Regulatory Authority (Nepra) besides the surcharge also approved fuel adjustment charges, increase in electricity rates and was facilitating the power sector instead of watching interests of the consumers.

The petition pointed out that so far electricity from the Neelum Jhelum Power Project is neither supplied nor utilised by the petitioner and public at large. It contended that the imposition of surcharges/levy and taxes had turned the life of common man more difficult.

Under Article 77 of the Constitution, taxes are determined by the legislature through an act of Parliament and the executive authorities have no power to impose any such tax, the petition claimed.

Being violative of the constitution, the impugned surcharge is liable to be set aside, the petition requested the court.

It further said that none of the relevant laws like the Electricity Act 1910, Wapda Act 1858 and the Nepra Act, provides for the imposition of any surcharge for the project.

Hence the Respondents – Wapda, Nepra, Iesco and ministry of water and powers - have violated the fundamentals rights of the petitioner and public at large as guaranteed by the constitution.

It requested the court to set aside the notification regarding imposition of the surcharge.

It further requested the court to restrain the respondents from collecting the surcharge.

IHC Justice Athar Minallah will hear the petition on November 24.

Published in Dawn, November 23rd, 2014