| Citation(s) |
|---|
| 2015 SLG 683 2015 SLD 683 2015 YLR 600 |
Sindh High Court
Constitutional Petitions Nos. D-2968, D-3003 and D-3011 of2011, decided on 23rd May, 2013. dates of hearing: 8thFebruary, 12th and 14th March, 2013
MUSHIR ALAM, CHIEF, JUSTICE, SADIQ HUSSAIN BHATTI, JUSTICE
Saleem Thepdawala for Petitioner (in Constitutional Petition No. D-2968 of 2011).Salman Talib-ud-Din for Petitioner (in Constitutional Petition No. 3003 of 2011).Taimoor Ali Mirza for Petitioner (in Constitutional Petition No. D-3011 of 2011).Asim I
Constitutional Petitions Nos. D-2968, D-3003 and D-3011 of2011, decided on 23rd May, 2013. dates of hearing: 8thFebruary, 12th and 14th March, 2013
MUSHIR ALAM, CHIEF, JUSTICE, SADIQ HUSSAIN BHATTI, JUSTICE
Saleem Thepdawala for Petitioner (in Constitutional Petition No. D-2968 of 2011).Salman Talib-ud-Din for Petitioner (in Constitutional Petition No. 3003 of 2011).Taimoor Ali Mirza for Petitioner (in Constitutional Petition No. D-3011 of 2011).Asim I
MESSRS HASCOL PETROLEUM LTD., THROUGH GENERAL MANAGERVSFEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF PETROLEUM AND NATIONAL RESourcES, PAKISTAN SECRETARIAT, ISLAMABAD AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 199
Law: Oil and Gas Regulatory Authority Ordinance, 2002
Section: 12
Law: Pakistan Petroleum (Refining Blending and Marketing) Rules, 1971
Section: 28,30A,33,44
JUDGMENT SADIQ HUSSAIN BHATTI, JUSTICE:---.--- Since a common point is involved in all these three identical petitions, therefore, we propose to dispose of them by this common judgment. 2. As facts of each petition are slightly different, therefore, it would be expedient if facts of each petition are given separately. 3. In Constitutional Petition No.D-2968 of 2011, the facts are that the petitioner was granted license by respondent No.2, Oil and Gas Regulatory Authority (OGRA), on 25-2-2005 for establishment of an Oil Marketing Company (OMC) on the terms and conditions mentioned in the license. As per clause 2 of the license, the petitioner was required to construct and maintain 20 days storage capacity and stock in accordance with its consumption. The petitioner, after grant of the License, acquired plot of land measuring 360,000 sq. ft situated in Deh/Tappo Ali Murad Kalhoro, Taluka Khanpur, District Shikarpur in October, 2006 for constructing storage capacity of 65000 Metric Ton petroleum, which is much beyond the requirement of clause (ii) of the License. The petitioner has spent a sum of Rs.90 million on construction of infrastructure for the storage facility but the completion of the same was delayed due to inordinate delays in the grant of necessary permissions/NOCs from different Government Departments. The petitioner has also acquired a piece of land at Machike, Sheikhupura to construct storage facility for 7000 Metric Ton petroleum and has applied to relevant Government authorities for requisite permissions/NOCs. Till date, the petitioner has invested a sum of Rs.28 million on this project. The petitioner has so far developed 183 retail outlets in different parts of the country and has invested approximately a sum of Rs.1.97 billion thereon. The respondent No.2 sent a Show-Cause Notice, bearing No.OGRA(Oil)19-3(51)/09 dated 11 July, 2011, whereby the petitioner was called upon to show cause in writing as to why the petitioner should not be proceeded for imposition of penalty/suspension of License in accordance with the Rules for non-compliance of Clause (ii) of the License. The petitioner replied to the show-cause notice vide its letter dated 1st…