Fuel Price Adjustment - Islamabad High Court

W.P No.2972/2011 Page 36 of 67• Due process of law has been followed. Section31(4) gives NEPRA the power to determinetariffs. Under this power, NEPRA gave its TariffDetermination dated 09-12-2010. The fuelprice adjustment mechanism was containedtherein. As per the proviso to section 31(4),NEPRA had to revise tariff on account of fuelprice variation. This is what was done afterproper public notice and dueprocess.Furthermore, there was no delay.Notices for hearing were published on amonthly basis, and tariff was revised afterdeliberations on the content placed beforeNEPRA. Even otherwise, no penalconsequences provided hence the provision notmandatory, but directory. Reliance was placedupon PLD 1974 SC 13, 2000 SCMR 1305.• Electricity falls under the Federal LegislativeList, and the Federal Government has thepower to pass legislation for matters related toelectricity. Therefore, the NEPRA Act and thepowers granted thereunder are valid law.• The contention of the Petitioner thatamendment to section 31(4) and its proviso toprovide for monthly revision goes against theprinciple of NEPRA Act to protect consumersfrom monopolistic and oligopolistic prices, andis ultra vires Article 18, it is contended thatthere is no promotion of monopolisticpractices. In fact, revision of prices ensuresuniformity and accountability of pricingstructures. On the basis of the above