Water & Sanitation Agency, Lahore through its M.D vs Lottee Akhtar
This matter concerns a challenge to the water tariff levied by the Water and Sanitation Agency (WASA) pursuant to a notification issued under the LDA Act, 1975, which was implemented in compliance with Supreme Court directions in SMC No. 26 of 2018 regarding water conservation. The core legal question was whether the High Court could entertain a writ petition challenging a notification issued in direct compliance with Supreme Court orders, while the implementation of those orders remained sub judice before a specialized Implementation Bench of the Supreme Court. The Supreme Court held that the High Court erred in assuming jurisdiction over a matter already pending before the Supreme Court, thereby violating judicial propriety and comity. The Court suspended the High Court's interim injunctive order, stayed the pending writ petitions, and directed that all objections regarding the water tariff must be filed exclusively before the Supreme Court. The judgment establishes the principle that parties cannot bypass the hierarchy of judicial fora or initiate parallel proceedings to challenge actions taken in compliance with Supreme Court mandates, which must be addressed solely within the established implementation proceedings.
- Can a High Court entertain a challenge to a notification issued in compliance with a Supreme Court order while the matter is sub judice before the Supreme Court?
- Does the filing of a writ petition to challenge actions taken under Supreme Court directions constitute an attempt to undermine the judicial process?
- Where must objections regarding the implementation of Supreme Court directions on water tariff collection be filed?
- Section 28, LDA Act 1975
- Section 29, LDA Act 1975
We have heard the learned counsel for the parties and have perused the impugned order dated 28.02.2019 passed by a learned Single Bench of the Lahore High Court. This order takes cognizance of the water tariff levied vide notification dated 18.01.2019 issued under Sections 28 and 29 of the LDA Act, 1975 ("LDA Notification") . It is noteworthy that the impugned order is passed after perusal of our order dated 06.12.2018 made in SMC No.26 of 2018. For ensuring water security for the people our order dated 06.12.2018, inter alia, directs the Provincial Governments to cause notifications by the competent authorities to be issued for the charge and collection of water tariff at the rate of Rs.1/- per litre from industrial units drawing piped or ground water used in the production of bottled water or beverages. The same order of the Court establishes an Implementation Bench of this Court for ensuring compliance with the aforesaid and other directions given in that order for the conservation of the water resource of the country .
2. The LDA notification dated 18.01.2019 levies a water tariff in the purported compliance of the directions contained in our order dated 06.12.2018. The private respondents are aggrieved by the tariff charged under the LDA notification. However , instead of bringing their objections before the Impleme ntation Bench, the respondents chose to file a Writ Petitions before the learned Lahore High Court to express their misgivings. By the impugned order dated 28.02.2019 the learned High Court suspended the LDA notification. We consider that any flaws or deficiencies in the steps taken by the Provincial Governments for the enforcement of this Court' s directions are to be highlighted in the proceedings of SMC No.26 of 2018 before the Implementation Bench of this Court. By entertaining and adjudicating such a challenge to the LDA notification, the learned High Court has surprisingly and to our disappointment assumed jurisdiction over a lis that is sub judice before this Court. Such course of action clearly of fends the settled norms of judicial propriety and comity , which is disapproved.
3. The order of the Implementation Bench of the Court dated 07.03.2019 as an interim measure directs that: "... the billing system for immediate implementation and collection shall throughout the country proceed on the basis of the total production figure of retained and sold quantities of beverages or bottled water as stated in the sales tax record of the concerned units."
4. Notwithstanding the said relief granted upon the reservations expressed by water and beverage bottlers, the private respondents simultaneously resor ted a parallel remedy before the learned High Court. Such an endeavour indicates an attempt to undermine judicial process by sidestepping the express directions given by the Court. This course is invalid for inviting conflicting opinions and bypassing the hierarchy of judicial fora. We contemplated initiating appropriate action against the respondents but for now have decided to exercise judicial restraint. The learned counsel for the petitioner-W ASA informs that a separate account has been established to collect water tariff that is deposited by the private respondents. However , due to the impugned order dated 28.02.2019 hardly any funds have been credited to the said account. He has assured that according to the directions of this Court the amounts credited to such account shall be applied solely for conservation and development of water resources projects.
5. In the above background, notices are accepted by counsel for the represented respondents. Issue notice to the other respondents. It is ordered that in the meanwhile: i) Billing of the water tariff by the petitioner at the industrial units of the respondents shall be based upon the production figures of bottled water and/or aerated beverages reported in the sales tax record. Certified copies of the said record shall be provided by the private respondents to the petitioner for assigning billed amounts on or before May 31, 2019. Bills shall be prepared and delivered by June 04, 2019. The billed amount calculated at the rate of Rs.1 per litre (based on the aforesaid production figures of bottled water and/or aerated beverages) shall be paid on or before June 12, 2019. In case of non-payment on or before the said date the petitioners shall take appropriate action, strictly in accordance with law. ii) Pursuant to the order of the Implementation Bench of this Court dated 06.12.2018 the Government of Punjab shall take immediate steps to develop a mechanism and provide machinery for collection of water tariff at the rate and manner prescribed by the Provinci al Government/Court uniformly from all units of the bottled water and beverage industry throughout the Province; likewise for units of other industries in the Province after issuance of notices. iii) Any objections, suggestions or solutions in respect of charge and collection of water tariff from the private respondents and other industrial units utilizing water as a major component of their industrial processes shall be filed before this Court and no other judicial forum. iv) The impugned interim injunctive order dated 28.02.2019 is hereby suspend ed and the proceedings in the pending W rit Petitions before the learned High Court in which such orders have been passed are stayed.
Adjourned. To come up for further hearing after Eid-ul-Fitr.