Stop right there: KMC restrained from sealing gas company office
Court to hear rationale behind its demand to impose and recover municipal service charges
Of the two gas utilities in the country, Sui Northern Gas Pipelines provided 30.8% of the total allocation to power plants while Sui Southern Gas Company provided 24.4%. PHOTO: FILE
KARACHI:
The Sindh High Court has restrained the Karachi Metropolitan Corporation (KMC) authorities from sealing the headquarters of the Sui Southern Gas Company (SSGC) to recover a defaulted amount of Rs150 million in municipal services tax till November 15.
Headed by Justice Nadeem Akhtar, the two-judge bench also directed the KMC authorities to file a reply to the petition through which the gas utility has challenged the powers of the KMC to recover the municipal services charges.
The petitioner's lawyer, Asim Iqbal, said KMC had served a notice to the petitioner claiming over Rs150 million as municipal service charges. He argued that the local government, now defunct, was authorised under the Sindh Local Government Ordinance, 2001 to impose and recover such charges on the provision of different municipal services. However, that law has been abolished, but the KMC is demanding the charges without any authority.
The judges were further informed that the Sindh Local Government Ordinance, 2013 was promulgated, but this law does not empower the local government to impose and recover municipal service charges. Therefore, such demand by the KMC is illegal, unauthorised and without any lawful authority, he added.
Advocate Iqbal said the KMC authorities had threatened to seal the head office of the petitioner in case the sum being demanded by them is not paid. He pleaded to the court to declare that KMC has no lawful authority to claim municipal service charges. A request was also made to restrain them from sealing the SSGC office.
After hearing initial arguments, the bench restrained the KMC from sealing the SSGC head office till November 15. Meanwhile, it also issued notice to the KMC's law officer to file comments explaining the rationale behind the municipal corporation's demand to impose and recover such charges on the next date of hearing.
Published in The Express Tribune, November 3rd, 2016.
The Sindh High Court has restrained the Karachi Metropolitan Corporation (KMC) authorities from sealing the headquarters of the Sui Southern Gas Company (SSGC) to recover a defaulted amount of Rs150 million in municipal services tax till November 15.
Headed by Justice Nadeem Akhtar, the two-judge bench also directed the KMC authorities to file a reply to the petition through which the gas utility has challenged the powers of the KMC to recover the municipal services charges.
The petitioner's lawyer, Asim Iqbal, said KMC had served a notice to the petitioner claiming over Rs150 million as municipal service charges. He argued that the local government, now defunct, was authorised under the Sindh Local Government Ordinance, 2001 to impose and recover such charges on the provision of different municipal services. However, that law has been abolished, but the KMC is demanding the charges without any authority.
The judges were further informed that the Sindh Local Government Ordinance, 2013 was promulgated, but this law does not empower the local government to impose and recover municipal service charges. Therefore, such demand by the KMC is illegal, unauthorised and without any lawful authority, he added.
Advocate Iqbal said the KMC authorities had threatened to seal the head office of the petitioner in case the sum being demanded by them is not paid. He pleaded to the court to declare that KMC has no lawful authority to claim municipal service charges. A request was also made to restrain them from sealing the SSGC office.
After hearing initial arguments, the bench restrained the KMC from sealing the SSGC head office till November 15. Meanwhile, it also issued notice to the KMC's law officer to file comments explaining the rationale behind the municipal corporation's demand to impose and recover such charges on the next date of hearing.
Published in The Express Tribune, November 3rd, 2016.