Case Details

Citation(s)
2018 SLG 2294 2018 SLD 2294 2018 PLJ 763
Lahore High Court
W.P. No. 112909 of 2017, heard on 27.02.2018.
SHAHID, JAMIL KHAN, JUSTICE
Mr. Shahid Hamid, Azhar Siddique, Sardar Qasim Farooq, Muhammad Umer Qureshi, Muhammad Rizwan Gujjar, Syed Umair Abbas, Rana Zain Tahir, Muhammad Faisal Iqbal and S. Parveen Mughal, Advocates for Petitioners. Barrister Umair Majeed Malik, Advocate for Re

NOOR LPG CO. (PVT.) LIMITED

VS

OIL & GAS DEVELOPMENT COMPANY LIMITED, ETC.

Law:

Section:

Liquified Petroleum Gas (Production & Distribution) Policy, 2016-- ----R. 18--Policy Guidelines--Charging of signature Bonus--Necessary approval was not granted by Government--Fixation of price--Non issuance of Notification--Duty of OGRA for regulation of signature Bonus--Constitution of Committee for fixation of Price--Non representation of consumers--Challenge to--Perusal of the Rule 18 shows that policy guidelines given in the Section 3.4 of the Policy of 2016 have been translated into it--Now the law requires regulation of LPG Pricing at all levels of supply chain by OGRA, which is bound to notify the prices of indigenous LPG including Producers' Price and Margins of Distribution Companies on advice by the Federal Government, which means; Production and Distribution of LPG has been subjected to regulated regime. [P. 770] A Formulate and regulate Liquified Petroleum Gas (Production and Distribution) Rules, 2011-- ----Rr. 3.4--Signature bonus is a pre-condition for awarding contract of lifting LPG from different gas fields--Admittedly, this pre-condition is imposed without approval and before fixation of price by OGRA--Learned counsel for OGDCL himself argued that amount under Signature Bonus was to be paid by Marketing and Distribution Companies from their margin--Because margin of Marketing and Distribution Companies is now required to be regulated by OGRA, therefore, its approval by OGRA is necessary--Charging of Signature Bonus needs to be regulated by OGRA, therefore, these petitions are transmitted to OGRA for necessary action--Federal Government is directed to ensure that stakeholders/consumers are represented in Committee, constituted under Policy of 2016, for fixation of prices--Needful shall be done within thirty days from receipt of this order. Constitution of Pakistan, 1973-- ----Arts. 153, 154 & 199--The Policy of 2016 (S.R.O. 800(I)/2017) was approved by CCI, which is created under Article 153 of the Constitution of the Islamic Republic of Pakistan, 1973 ("Constitution")--The Council consists of Prime Minister, as Chairman, the Chief Ministers of all the Provinces and three members nominated by the Prime Minister--The Council is…
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