IBRAR HUSSAIN vs ADDITIONAL DEPUTY COMMISSIONER (GENERAL) ISLAMABAD S — 2025 CLC 2020 ISLAMABAD

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IBRAR HUSSAIN VS ADDITIONAL DEPUTY COMMISSIONER (GENERAL) ISLAMABAD S. 88---Constitution of Pakistan, Art. 199---Constitutional petition---Potable water---Extraction license---Principle---Petitioners were aggrieved of absence of regulatory regime for supply of drinking water and non-issuance of licenses to operate and run water supply business on commercial basis---Validity---There is a scarcity of water in several areas/sectors of Islamabad Capital Territory and underground water level is not uniform throughout---To fulfil fundamental needs, people are forced to buy water from private water hydrants and tube wells, at commercial rates---Water is State's property, he state must regulate water consumption and fulfil basic needs of citizens either by itself or by appointing/authorizing private individuals, which requires a proper water licensing regime first---Metropolitan Corporation Islamabad or Union Council in Islamabad Capital Territory has never issued any license for extraction of water on commercial basis or for supply of water through tankers---Local government under law is permitted to impose water charges in terms of S. 88(5) of Chapter X of Islamabad Capital Territory Local Government Act, 2015---In order to fulfill requirements of law for imposing charges of water supply or levy of tax or license fee in terms of commercial businesses or licenses, the powers could be exercised subject to approval of the Government though in terms of S. 88(3) of Islamabad Capital Territory Local Government Act, 2015---Authorities claimed that after approval of notification all the individuals, companies who were running water supply business through unregulated concept including water tanker, commercial water extraction for commercial basis would be charged accordingly---Such aspect, prima facie, resolved at least a basic question of a licensing regime, which was not earlier enforced for all such water supply businesses in Islamabad Capital Territory---High Court directed Federal Government to decide pending approval submitted by Metropolitan Corporation Islamabad for levy of tax charges and license fee for water supply in Islamabad Capital Territory---Constitutional petition was disposed of accordingly.

IBRAR HUSSAIN vs ADDITIONAL DEPUTY COMMISSIONER (GENERAL) ISLAMABAD S — 2025 CLC 2020 ISLAMABAD

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