Wasa Water Price Hike: Why isn’t this illegal?

The High Court yesterday questioned Dhaka Wasa's decision of hiking water prices by 25 percent from April 1.

The court issued a rule asking the authorities concerned of the government and the Wasa to explain in four weeks why the latter's decision should not be declared illegal and unconstitutional.

The bench of Justice JBM Hassan and Justice Md Khairul Alam came up with the rule in response to a writ petition filed by Supreme Court lawyer Md Tanvir Ahmed seeking its order on the Wasa's decision.

The lawyer on June 15 had submitted the petition as a public interest litigation and prayed to the court to declare the Wasa's move to hike the prices illegal and unconstitutional.

Citing the petition, Tanvir told The Daily Star that Dhaka Wasa had increased the water prices by 5 percent on September 1 last year.

It again hiked the price by 25 percent on April 1 this year which was reported in different newspapers, he said.

The lawyer said most of the people of the country are now facing a serious financial crisis due to the Covid-19 pandemic and hiking of water prices by 25 percent amid such a situation is "not only illegal but also a heartless action".

The Wasa can increase water tariff by only 5 percent in consultation with the government as per section 22 of the Dhaka Water Supply and Sewerage Authority Act, 1996, the writ petitioner added.

Following the same writ petition, the HC bench of Justice M Enayetur Rahim on June 22 had issued an injunction till August 10 on Dhaka Wasa's decision.

The Wasa then filed a petition with the Appellate Division of the SC seeking a stay order on the HC's injunction order.

Chamber Judge Justice Md Nuruzzaman of the Appellate Division stayed the HC order on June 30.

Yesterday, lawyer Tanvir moved the same writ petition before the HC.

Talking to this newspaper, he said there was no legal bar on collection of bills by Dhaka Wasa as per the hiked water tariff as the SC's stay order was still in force.

"Dhaka Wasa was supposed to file a leave to appeal petition with the Supreme Court against the High Court's June 22 injunction order. But I don't know whether Wasa has filed the leave to appeal petition. If they move the leave to appeal petition before the Appellate Division, we will place arguments opposing it," Tanvir said.

He said the HC would deliver a verdict on the matter after holding hearing on the rule issued yesterday.

Deputy Attorney General Noor-Ur Sadik represented the state while lawyer Saifuzzzaman Tuhin appeared for Dhaka Wasa.