Fuel Price Adjustment - Islamabad High Court

W.P No.2972/2011 Page 32 of 67any adverse situation which cannot berectified. The law does not authorize the Stateto issue a direction with retrospective effect.The authority therefore could only giveprospective effect to such directions.• Even otherwise, it is consistently followed lawthat what is directly forbidden cannot beachieved indirectly and also that when a thingis to be done in a particular manner it must bedone in that way and not otherwise, but theimpugned determinations and notificationswith regard to imposition of Fuel AdjustmentSurcharge are violative of these goldenprinciples of law. The learned counsel reliedupon 2010 SCMR 1437, PLD 1971 SC 61,2005 PLC 634, AIR 1975 SC 2299.• The consumers were not served with anynotice; however, the same could have easilybeen served through monthly electricity bill.Moreover, no written objections or commentswere ever called upon from the consumersregarding the proposed adjustments, which isviolative of the principles of natural justice.9. On the other hand, while vehemently refutingthe arguments advanced from petitioners’ side,learned counsels for respondents Kh. Ahmed TariqRahim and Sh. Muhammad Ali, Advocates for M/OWater & Power, Islamabad.Mr. Shamshad UllahCheema along with Mr. Muhammad Shafique, LegalAdvisor for NEPRA.Mr. Munawar-us-Salam andMuhammad Usman Sahi, Advocate for LESCO.