Dhaka WASA cannot raise water tariff: SC upholds HC order

Dhaka WASA

Jehangir Hussain 

The Appellate Division’s chamber judge on Wednesday upheld a High Court Division’s order declaring that Dhaka Water Supply and Sewerage Authority (WASA) cannot raise water tariff until a rule is framed under the WASA Act. 

Chamber judge, Justice M Enayetur Rahim also upheld the High Court Division’s order that had declared illegal WASA’S decision to provide performance bonus to its employees.

The chamber judge issued the order after hearing on an appeal filed by WASA against the High Court Division’s verdict in this regard.

On March 16, the High Court Division declared raising water tariff by Dhaka WASA as illegal as it is in violation of provisions of the WASA Act 1996. 

A bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo delivered the verdict after hearing a writ petition filed by Consumer Association of Bangladesh (CAB), challenging the legality of Dhaka WASA's decision to award performance bonus to its employees. 

The bench said, “.....fixation of water tariff and awarding of the performance bonus to the employees of Dhaka Water Supply and Sewerage Authority is stayed till formulation of the rules and regulations as enshrined in Sections 48 and 49 of the Dhaka WASA Act 1996.” 

“Fixation of water tariff and awarding of the performance bonus to the employees of Dhaka Water Supply and Sewerage Authority pronounced earlier is hereby condoned as of past and closed action,” the bench said.

Following the writ petition the HC bench on August 16 in 2022 issued an injunction against chairman, managing director and the board of the Dhaka WASA restraining them from providing performance bonus to the employees till disposal of a rule issued by it. 

It also issued a rule asking concerned government bodies to explain in four weeks as to why awarding the performance bonus to the employees of the Dhaka Water Supply and Sewerage Authority should not be declared as illegal.

After hearing the rules, the  bench on March 16 made the rule absolute. 

Barrister Jyotirmoy Barua appeared for the petitioner while attorney general AM Amin Uddin  for WASA.

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