SHC suspends Pakistan Railways’ demand notices against KE

The Sindh High Court (SHC) has suspended the Pakistan Railways (PR) demand notices issued against the K-Electric in respect of installation of electric poles and underground electric cables in the PR’s jurisdiction.

The interim order came on a petition filed by the KE against the demand notices.

A counsel for the power utility submitted that the impugned demand notices for installation of electric poles and underground cables have been made by the PR under the Rule 2 of Railways Land and Property Rules 2023 which had been framed purportedly under the Section 47 of the Pakistan Railways Act.

The counsel submitted that the Section 47 of the Act specified the subjects for which PR could frame rules and the said section did not empower it to frame any rule demanding such charges as claimed in the demand notices.

He submitted that even otherwise such rules could not be given a retrospective effect and when the petitioner had replied to the impugned notices, the PR did not pay any heed to the response of the petitioner.

The counsel said that PR was adamant to remove installations of the petitioner in case the charges were not paid and expressed apprehension that in case ad-interim injunction was not granted, the petitioner shall suffer irreparable loss.

The high court observed that the points raised by the petitioner required consideration and issued notices to the PR as well as deputy attorney general for December 12.

The SHC, in the meantime, suspended the operation of the impugned demand notices of the PR till the next hearing.