SHAHZADA SHAHPUR JAN vs PROVINCE OF KHYBER PAKHTUNKHWA through Chief Secretary Government of Khyber Pakhtunkhw

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SHAHZADA SHAHPUR JAN VS PROVINCE OF KHYBER PAKHTUNKHWA through Chief Secretary Government of Khyber Pakhtunkhwa Peshawar Ss. 2(l), 42, 66, 73, 113, 123, 115-a [as inserted by Khyber Pakhtunkhwa Local Government (amendment) act (XXV of 2019)]& Third Schedule---Notification No. WSSP/Revenue-Tariff/2017 dated 10-2-2017---Constitution of Pakistan, art. 199--- Constitutional petition---Imposition of levy or increase in tax--- Outsourcing of power---Petitioners were getting supply of water from respondent company namely Water and Sanitation Services (WSSP), incorporated under the provisions of Khyber Pakhtunkhwa Local Government act, 2013---Petitioners assailed imposition of levy and increase in taxes by respondent company---Plea raised by respondent company was that Provincial Government had outsourced its power---Validity---Provincial Government, under the provisions of Ss.42, 66, 113 and 123 of Khyber Pakhtunkhwa Local Government act, 2013, did not cover or deal the situation where core power of State functionary in the form of Local Government to impose levy and increase tax or fee as envisaged in S.42 of Khyber Pakhtunkhwa Local Government act, 2013, could be outsourced or delegated to someone, who was not a local government as defined in S.2(l) of Khyber Pakhtunkhwa Local Government act, 2013---Entrustment of powers to impose levy and enhance water tariff upon WSSP through notification in question, was in conflict with express provisions of S.42 of Khyber Pakhtunkhwa Local Government act, 2013---Notification relied upon by authorities lacked statutory backing, imposition of tax and fee for specific services as mentioned in Third Schedule of Khyber Pakhtunkhwa Local Government act, 2013---Enhancement of duties was a statutory power of local government / Tehsil Local Government and it could not be delegated or outsourced to any other entity or company--- Such function could only be done by State functionary and that too under the command of law---High Court declared notification No. WSSP/Revenue-Tariff/2017 dated 10-2-2017, illegal and ultra vires of S.42 of Khyber Pakhtunkhwa Local Government act, 2013 and respondent company was not entitled to claim water charges from petitioners---Constitutional petition was dismissed in circumstances. Head Notes

SHAHZADA SHAHPUR JAN vs PROVINCE OF KHYBER PAKHTUNKHWA through Chief Secretary Government of Khyber Pakhtunkhwa Peshawar Ss — 2022 CLC 928 PESHAWAR-HIGH-COURT

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